The aftermath of a serious motorcycle crash can often result in severe injuries, financial strain, and legal questions that most riders have never had to consider before. One of the most important of those questions concerns how Annapolis motorcycle helmet laws affect your rights when another driver is responsible for the crash.
The local motorcycle accident attorneys at Burnett Injury Group are committed to protecting you from legal tactics designed to shift blame away from the driver who caused your injuries. We work to keep the focus where it belongs — on the conduct of the at-fault party — and to pursue the full accountability and justice you deserve.
Maryland enforces a universal helmet law, meaning all motorcycle operators and passengers are required to wear a helmet whenever the motorcycle is in motion, regardless of age or experience level. Maryland Transportation Article §21-1306 establishes the helmet requirements all riders and passengers must meet. Under Maryland motorcycle helmet laws, a compliant helmet must meet the following criteria:
What many riders do not realize is that the same law that requires helmet use also contains an important protection for injured riders in civil claims.
Maryland’s contributory negligence rule operates on an all-or-nothing basis. If a defendant can demonstrate that you contributed to the cause of the crash in any way, that finding alone can be enough to defeat the claim entirely. Given how seriously this rule can affect injury claims, it is understandable that riders involved in a crash while not wearing a compliant helmet may worry about its impact on their case.
However, Maryland law addresses this concern directly. Under §21-1306(e) of the Transportation Article, the same statute that establishes Annapolis motorcycle helmet requirements also prohibits using the lack of a helmet as evidence of negligence or contributory negligence in a civil injury case. It cannot be used to limit the liability of an at-fault party, and it cannot be used to reduce the damages you may recover. In fact, the at-fault party is not permitted to raise the issue of helmet use at trial at all, except in product liability cases.
Your right to compensation is not determined by what you were wearing, but whether another party’s negligence caused the crash. Our attorneys understand how insurers and defense counsel may attempt to cloud that question, and we work to ensure the evidence stays focused on the conduct of the driver who caused your injuries.
Being seriously hurt in a motorcycle crash is difficult enough without having to contend with legal pressure from insurance companies. At Burnett Injury Group, our injury attorneys stand firmly in your corner and work to make sure your rights under Maryland law are fully protected.
If you have questions about your claim in Annapolis involving motorcycle helmet laws, we can clearly explain your rights and options during a free initial consultation. Contact our team today to get the answers you need and take the first step toward a better future.