In Delaware, helmet laws are crucial for motorcycle safety, especially in accidents involving cars. Understanding how these laws apply in the event of an accident can affect your injury recovery and insurance claims. If you’re involved in a car vs. motorcycle accident, knowing how your helmet use impacts your case is essential.
Delaware’s helmet laws for motorcyclists
Delaware requires motorcyclists under 19 years old to wear helmets. For those over 19, wearing a helmet is optional but only if they have at least $100,000 in medical coverage. While it’s not mandatory for adults, wearing a helmet is highly recommended for safety.
Helmet use and insurance claims
If a car hits your motorcycle, the presence or absence of a helmet may affect your insurance claim. If you were not wearing a helmet, insurance companies might argue that your injuries could have been less severe. Delaware’s comparative negligence rule means you can still recover damages, but the amount may be reduced depending on your contribution to the injury.
Contributory negligence and the impact of not wearing a helmet
Some insurance companies may claim contributory negligence if you weren’t wearing a helmet. This means they argue your failure to wear one made your injuries worse. However, Delaware’s laws allow you to seek compensation even with contributory negligence, though your payout could be lowered depending on the court’s decision.
Helmet use and safety outcomes
Wearing a helmet increases your chances of avoiding severe injuries in a motorcycle accident. Even if it’s not legally required, helmets reduce the risk of head trauma. In car vs. motorcycle crashes, helmets can make a significant difference in the severity of injuries.
By following Delaware’s helmet laws, you can protect yourself in an accident and ensure your safety on the road.