Maryland takes motorcycle safety very seriously, and this shows in its helmet requirements. As a rider in Maryland, you must wear a DOT-compliant helmet. Additionally, state law may require you to use eye protection unless your bike has a windscreen that meets the legal standard. This is not simply a suggestion, but a law under Transportation Article § 21-1306.
The rule applies to both operators and passengers. Since these requirements are mandatory, not wearing a helmet can lead to a traffic citation. But what happens if you sustain injuries in an accident and need to file a claim?
Helmets and fault
Maryland is one of the few states that still follows strict contributory negligence. Under this legal standard, if you share even 1% of the fault for the collision, you cannot recover damages.
Under Maryland law, insurance companies cannot use non-use of helmets as evidence of contributory negligence. They cannot use it to limit liability or reduce your monetary damages.
A helmet does not help you brake or otherwise avoid a driver who collides with you. So, in many cases, helmet non-use is not relevant to whether you are negligent. However, there is an important caveat.
How it impacts your claim
Even though helmet non-use cannot be used to prove you caused the crash, it can still become a battleground over injury severity. Cases involving head trauma, facial injuries, or traumatic brain injuries are most at risk.
Maryland law explicitly bars evidence of helmet non-use at trial to demonstrate negligence or lessen court-awarded damages. However, insurance adjusters may still attempt to raise the issue informally during settlement negotiations. They may try to undermine the severity of your injuries or push for a lower payout.
Defending your claim
Knowing the law is the best way to protect your financial future. Maryland law provides some protection against using helmet non-compliance as evidence of contributory negligence for the accident. However, the reality is that not wearing a helmet will likely complicate your claim.
The best approach is always to wear proper safety equipment. You can seek legal guidance immediately after any motorcycle accident to ensure the protection of your rights.