Motorcycle Accidents: Can Your Compensation Be Reduced if You Weren’t Wearing a Helmet?
No one rides a motorcycle hoping for a crash. That’s why many skip the “necessary helmet” part. But when an accident happens, every detail matters, including whether you were wearing a helmet. In Nevada, skipping your helmet doesn’t automatically kill your claim, but it definitely gives insurance companies a valid excuse to cut your payout.
At Mainor Ellis Injury Lawyers, we’ve seen riders who didn’t wear helmets and still got full compensation. How? Because the defense couldn’t prove their injuries would’ve been different. We know how to raise these arguments and we’re here to explain how the law works to keep your claim strong.
Nevada Law: Helmets Are Required, Always
Under Nevada Revised Statutes § 486.231, all motorcycle riders and passengers in the state must wear a DOT-approved helmet. There are simply no age exceptions, healthcare carve-outs, or riding-around-town loopholes. Violating this universal helmet law is a misdemeanor, punishable by fines and points on your license.
What If Your Claim Involves Head Injuries and No Helmet?
Here’s the deal: Nevada follows a modified comparative negligence rule. If the court or jury finds you partly at fault for your injuries (say 20% at fault), they reduce your compensation accordingly. If you’re over 50% at fault, you’re barred from recovery entirely.
Not wearing a helmet doesn’t mean automatic fault. It just gives the defense ammunition to argue that your traumatic brain injury or other head injuries were worsened because you failed to mitigate harm.
What the Defense Will Try to Do
If you weren’t hearing a helmet in your motorcycle accident, expect arguments like:
- Failure to mitigate damages — You voluntarily skipped basic protection.
- Contributory negligence — Your helmetless state contributed to your injuries.
- Assumption of risk — You knew helmets reduce harm, so this was your choice.
All of that is fair game. But the key fight in court or settlement rests on whether they can actually prove your lack of a helmet caused added injury. And that’s where having a Las Vegas motorcycle accident lawyer by your side can help as they will raise arguments in your defense to maximize your compensation.
When Not Wearing a Helmet Doesn’t Tank Your Case
You can recover close to full compensation if:
- Your injuries aren’t head-related (e.g., your legs or arms took the hit) and the helmet didn’t factor into those injuries.
- You’ve got expert medical testimony saying the helmet wouldn’t have prevented or lessened your specific injury.
- The other party’s negligence overwhelmingly caused the crash, so helmet status becomes a minor side note.
- You’re under 50% at fault (even if helmet use is part of the blame, you can still win).
Bottom line: helmet status isn’t an automatic knockout punch. It’s just one of the many factors in a broader evaluation.
You CAN Defend Your Right to Compensation
Weren’t wearing a helmet during your motorcycle accident? Don’t write off your case yet. Nevada’s modified comparative negligence can still get you serious compensation if you can show your injuries weren’t caused or worsened by your helmet choice.
At Mainor Ellis Injury Lawyers, we don’t let a helmet (or lack thereof) become the enemy of your recovery. Our legal team will fight to protect your rights because even when you fall, you still deserve justice. For your crash, not your gear. Call our office today at 702-450-5000 to schedule a free consultation.
Source:
leg.state.nv.us/nrs/NRS-486.html#NRS486Sec231
