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Do helmet laws affect my motorcycle accident case in Montana?

When you're in a motorcycle accident caused by a driver's negligence, there's no question that you have the right to seek compensation from the at-fault party. Some things can affect your case, though, especially if you were breaking the law at the time of the accident. Motorcycle helmet laws are some of the laws that can affect you.

In Montana, those age 17 and under must wear motorcycle helmets when they ride a motorcycle. That means that if you're only 16 or 17 at the time of an accident and didn't have your helmet on, you could be held partially responsible for your own injuries. It's always a good idea to keep a helmet on anyway; the likelihood of head trauma is lessened when you wear one.

If you're driving in another state, you need to know what the motorcycle laws are there. Many states do require helmets for all riders. If you fail to wear a helmet and are in one of those states when you get in an accident, you could be accused of negligence in regard to your injuries. Of course, not wearing a helmet will not completely eliminate your chance of getting a ruling in your favor. Realistically, it could call into question your contribution toward that injury, but the accident still wasn't your fault or caused by your negligence.

If you're in an accident in Montana or another state and aren't sure how your crash is going to affect you, speaking with someone familiar with motorcycle laws can help. With the right support, you can get through this difficult time and seek the money you need during your recovery.

Source: FindLaw, "Helmet Laws and Motorcycle Accident Cases" Nov. 13, 2014

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