Motorcycle accidents can lead to serious injuries, and if you weren’t wearing a helmet at the time of your crash, you may be wondering: Can I still claim compensation for my injuries? The short answer is yes—but your case may be more complicated. Tennessee has strict motorcycle helmet laws, and not wearing a helmet could impact how much compensation you can recover.
At Glenn Injury Law, we help injured motorcyclists in Nashville and throughout Tennessee understand their legal rights after an accident. Whether you were wearing a helmet or not, you may still be eligible to recover damages for medical bills, lost wages, and pain and suffering.
Tennessee has one of the strictest helmet laws in the country. Under Tennessee Code § 55-9-302, all motorcyclists and passengers are required to wear a helmet that meets safety standards set by the Department of Transportation (DOT). This law applies to riders of all ages, with no exceptions.
While wearing a helmet can reduce the risk of serious head injuries, some riders prefer to ride without one. However, failing to comply with the helmet law can have consequences beyond safety concerns—it may also affect your ability to claim full compensation after an accident.
If another driver caused your accident, you have the right to file a personal injury claim, regardless of whether you were wearing a helmet. However, Tennessee follows a modified comparative fault rule, which means your compensation could be reduced if you are found partially responsible for your own injuries.
Here’s how it works:
For example, if you suffered a traumatic brain injury in a motorcycle crash and were not wearing a helmet, the court may determine that your decision contributed 30% to the severity of your injury. If your total damages are valued at $100,000, your compensation would be reduced by 30%, meaning you would receive $70,000 instead.
Even if you weren’t wearing a helmet, you may still be able to recover damages for injuries and financial losses caused by another driver’s negligence. Compensation in a motorcycle accident claim may include:
If you were injured in a motorcycle accident while not wearing a helmet, taking the right steps after the crash can help protect your rights and maximize your compensation.
Even if your injuries seem minor, seeing a doctor right away is critical. Medical records serve as key evidence in your injury claim and help document the extent of your injuries.
Collect as much information as possible at the accident scene, including:
Insurance companies may try to use your lack of a helmet against you. Avoid making statements that could be misinterpreted as admitting fault.
Insurance companies often attempt to reduce payouts in cases where a rider was not wearing a helmet. An experienced attorney can build a strong case, proving that the other driver was primarily at fault and ensuring you recover fair compensation.
Motorcyclists are particularly vulnerable in crashes, especially when they aren’t wearing protective gear. Some of the most common motorcycle accident injuries include:
Even if you suffered a head injury without a helmet, you may still have a valid legal claim—especially if the other driver was reckless or negligent.
Yes! Tennessee law does not prevent an injured motorcyclist from filing a personal injury lawsuit just because they weren’t wearing a helmet. While the defense may argue that your injuries were worsened by not wearing one, this does not change the fact that another driver’s negligence caused the accident.
Working with a skilled motorcycle accident lawyer can help you counter these arguments and maximize your financial recovery.
While Tennessee’s helmet law requires all riders to wear helmets, failing to do so does not automatically disqualify you from receiving compensation after an accident. However, insurance companies may try to reduce your settlement, making it essential to have a strong legal advocate on your side.
If you or a loved one has been injured in a motorcycle accident in Nashville or anywhere in Tennessee, contact Glenn Injury Law today for a free consultation. Our experienced attorneys will fight to protect your rights and help you recover the compensation you deserve.
