Massachusetts enforces a universal helmet law, meaning all riders and passengers must wear helmets that meet federal safety standards. While this law aims to reduce fatalities and traumatic brain injuries, it also complicates injury claims when accidents occur. Insurance companies often use helmet law defense strategies to argue that an injured motorcyclist’s failure to wear a helmet—or wearing a non-compliant one—contributed to their injuries, reducing or even denying compensation.
At Spada Law Group, our motorcycle injury attorneys help riders across Massachusetts—including in Chelsea, Newburyport, Peabody, Lawrence, and Springfield—navigate these legal challenges. Below, we break down how helmet laws affect injury claims, insurers’ tactics to minimize payouts, and how skilled lawyers counter these arguments to protect riders’ rights.
Understanding Massachusetts’ Helmet Laws
Massachusetts General Laws Chapter 90, Section 7 requires all motorcycle operators and passengers to wear helmets meeting U.S. Department of Transportation (DOT) standards. Key provisions include:
- Helmet specifications. Helmets must have a DOT certification label, proper inner lining, sturdy chin straps, and adequate weight and thickness. Novelty helmets or those without certification do not comply.
- No age exemptions. Unlike some states, Massachusetts does not allow exceptions for riders over a certain age.
- Penalties for non-compliance. Violators face fines up to $35, but the real financial risk comes later—if an accident occurs, insurers may use non-compliance to dispute injury claims.
While helmets undeniably save lives, their role in injury claims isn’t always straightforward. Insurers often exploit technicalities, making helmet law defense a critical issue for injured riders.
How Insurance Companies Use Helmet Non-Compliance Against Riders
After an accident, insurers scrutinize helmet use to shift blame and reduce payouts. Common tactics include:
- Helmet non-use allegations. Even if a rider was wearing a helmet, insurers may falsely claim they weren’t to push partial fault. Police reports and witness statements become crucial to disprove this.
- Non-compliant helmet arguments. If a helmet wasn’t DOT-certified or was damaged in the crash, insurers argue the rider’s injuries would’ve been less severe with a proper helmet, reducing compensation.
- Comparative negligence claims. Massachusetts follows modified comparative negligence (MGL c. 231, § 85), meaning if a rider is found 50% or more at fault for their injuries (e.g., by not wearing a helmet), they recover nothing. Insurers often inflate the rider’s fault percentage to deny claims.
- Delayed injury reporting. Insurers may argue that a head injury wasn’t caused by the crash if symptoms (like confusion or headaches) weren’t documented immediately. Medical records linking injuries to the accident are vital.
A motorcycle injury attorney can counter these tactics by proving the other party’s negligence was the primary cause of the accident and that helmet use (or lack thereof) didn’t contribute significantly to the injuries.
Common Injuries in Motorcycle Accidents—With and Without Helmets
Helmets dramatically reduce the risk of fatal head injuries, but no helmet can prevent all harm in high-impact crashes. Common injuries in motorcycle accidents include:
- Traumatic brain injuries (TBI). Even with a helmet, riders can suffer concussions or severe TBIs from violent impacts. However, insurers may claim a compliant helmet would’ve prevented the injury altogether—an argument requiring medical and engineering experts to refute.
- Spinal and neck injuries. Helmets don’t protect against whiplash or spinal damage, which can occur from sudden stops or being thrown from the bike.
- Road rash and fractures. These injuries are unrelated to helmet use but may still be downplayed by insurers to minimize payouts.
A Massachusetts head injury lawyer can work with medical professionals to demonstrate how the crash—not helmet choice—caused the injuries.
How Lawyers Fight Helmet Law Defense Strategies
Insurance companies aggressively use helmet law defense tactics to shift blame onto riders and minimize payouts, but experienced motorcycle injury attorneys know how to dismantle these arguments.
Skilled attorneys use multiple strategies to protect riders’ claims:
- Gathering evidence. This includes crash scene photos, helmet debris, witness statements, and surveillance footage to prove proper helmet use or show that non-use didn’t worsen injuries.
- Consulting experts. Neurologists, accident reconstructionists, and helmet safety experts can testify that the injuries would’ve occurred regardless of helmet compliance.
- Challenging comparative negligence. Even if a rider wasn’t wearing a helmet, their compensation shouldn’t be denied if the other driver was speeding, drunk, or ran a red light.
- Proving insurer bad faith. If an insurer ignores evidence or misrepresents facts, lawyers can demand full compensation or file a bad-faith lawsuit.
While insurers will try to exploit helmet laws to reduce payouts, skilled attorneys can level the playing field. By building a strong case with evidence, expert testimony, and legal arguments, they ensure riders aren’t unfairly penalized for minor technicalities—especially when another driver’s negligence was the true cause of the crash
Steps to Protect Your Claim After a Motorcycle Accident
If you’re injured in a crash, take these steps to strengthen your case:
- Call 911 immediately. A police report documents critical details like helmet use, road conditions, and witness accounts.
- Preserve your helmet. Even if damaged, it can prove DOT compliance. Don’t let insurers claim it was non-compliant without evidence.
- Seek medical attention. Delayed treatment gives insurers room to argue your injuries weren’t serious or were unrelated to the crash.
- Avoid discussing fault. Don’t apologize or admit to any mistakes, as insurers can twist statements to assign blame.
- Contact a motorcycle injury attorney before speaking to insurers. Lawyers handle negotiations and prevent lowball offers.
Why Hire a Motorcycle Injury Attorney?
Navigating helmet law defense tactics requires legal expertise. Spada Law Group’s attorneys help by:
- Investigating thoroughly. We obtain cell phone records (to prove distraction), maintenance logs (for mechanical failures), and traffic camera footage.
- Maximizing compensation. We account for future medical costs, lost wages, pain and suffering, and other damages insurers overlook.
- Going to trial if necessary. If insurers refuse a fair settlement, we’re prepared to argue your case in court.
Massachusetts’ helmet laws exist to protect riders, but insurers twist them to avoid payouts. If you’ve been injured, don’t let helmet law defense tactics stop you from seeking fair compensation. Our attorneys can assess your case and fight for the justice you deserve.
