You can still file an injury claim in Mississippi even if you weren't wearing a helmet at the time of your crash. However, helmet use can influence how much compensation you ultimately receive, especially if you suffered head or brain injuries.
Mississippi is one of only 18 states with a universal helmet law, meaning all riders and passengers must wear a DOT-approved helmet on public roads. So, how do helmet laws affect your injury claim in Mississippi?
Let's break down what this means for your rights, how insurance companies may try to use your helmet status against you, and what steps you can take to protect your claim.
Key Takeaways about How Helmet Laws Affect Injury Claims in Mississippi
- Mississippi law requires all motorcycle riders and passengers to wear a federally approved helmet on public roads and highways.
- Not wearing a helmet does not automatically disqualify you from filing a personal injury claim if another driver caused your accident.
- Under Mississippi's pure comparative negligence system, your compensation may be reduced if a lack of helmet use contributed to the severity of your injuries.
- Insurance companies often try to shift blame onto injured riders by focusing on helmet use, even when the other driver was clearly at fault.
- Riders who suffered injuries unrelated to the head or brain are less likely to see their claims affected by helmet status.
- Speaking with a knowledgeable Mississippi motorcycle accident attorney early on can help protect your claim from unfair reductions.
Mississippi's Universal Helmet Law: What It Actually Says
Mississippi has had a universal motorcycle helmet law on the books since 1974, making it one of the earliest states to adopt this type of requirement.
Under Mississippi Code § 63-7-64, no person may operate or ride on a motorcycle or motor scooter on Mississippi's public roads without wearing a crash helmet that meets the standards set by the National Highway Traffic Safety Administration (NHTSA) under Federal Motor Vehicle Safety Standard No. 218.
Here are the key points of the law:
- Who must wear a helmet: All motorcycle operators and passengers, regardless of age.
- What kind of helmet: It must meet FMVSS 218 standards, which include requirements for impact protection, penetration resistance, and a proper retention system. Look for the DOT sticker on the back of the helmet.
- Limited exceptions: Riders aged 18 and older participating in a parade at speeds no greater than 30 miles per hour are exempt. Autocycle operators are also exempt.
- Penalties for violations: Riding without a helmet is classified as a traffic violation and can result in fines starting at $100 for a first offense, increasing with subsequent offenses.
This law applies whether you're riding through downtown Jackson, along Highway 45 near Meridian, or on any other public roadway in the state.
Can I Still File a Claim If I Wasn't Wearing a Helmet?
Yes. This is one of the most common concerns motorcycle riders have after an accident, and it's important to understand the distinction between a traffic violation and your right to seek compensation for injuries caused by someone else's negligence.
Not wearing a helmet is a violation of Mississippi traffic law. But breaking a traffic rule does not strip you of the right to hold another driver accountable for their careless or reckless behavior. If another motorist ran a red light, made an unsafe lane change, or was distracted and crashed into you, that person's negligence caused the accident. Your helmet status didn't cause the collision.
That said, your helmet status may come into play when it comes time to calculate your damages, particularly if your injuries include trauma to the head, brain, or face. This is where Mississippi's comparative negligence law becomes critical to understand.
How Mississippi's Comparative Negligence Law Applies
Mississippi follows a pure comparative negligence system under Mississippi Code § 11-7-15. In plain terms, this means that even if you share some fault in an accident or in the severity of your injuries, you can still recover compensation. Your award is simply reduced by the percentage of fault attributed to you.
Here's how this could work in a helmet-related scenario:
- You were riding without a helmet when a distracted driver crossed the center line and hit you.
- You suffered a traumatic brain injury (TBI) and a broken leg.
- A jury determines your total damages are $500,000.
- The jury finds the other driver was 100% at fault for causing the crash. However, they determine that had you been wearing a helmet, your brain injury would have been significantly less severe, and they attribute 15% fault to you for the severity of your head injuries.
- Your compensation would be reduced by 15%, bringing your total recovery to $425,000.
There are a few important things to take away from this example. First, you still recovered a substantial amount because the other driver caused the crash. Second, the reduction only applied because the head injury was directly connected to the lack of a helmet.
Every case is different, and these percentages are determined based on the unique facts involved. Having a strong legal team to present your case matters.
How Insurance Companies Use Helmet Status Against You
If there's one thing to know about dealing with insurance companies after a motorcycle accident, it's this: their goal is to pay you as little as possible. One common tactic is to seize on the fact that a rider wasn't wearing a helmet and use it to argue that the rider is largely responsible for their own injuries.
Here are some of the ways insurers may try to reduce your claim:
- Inflating your fault percentage: An adjuster may argue that your failure to wear a helmet makes you 50% or more at fault for the severity of your injuries, even when the medical evidence doesn't support that number.
- Shifting focus away from the at-fault driver: By highlighting your helmet status, the insurance company draws attention away from the fact that their policyholder caused the crash in the first place.
- Pressuring you into a quick settlement: They may suggest your case is "weak" because of the helmet issue, hoping you'll accept a lowball offer before consulting with an attorney.
- Using recorded statements against you: In the days after your accident, an insurance adjuster may call and ask questions designed to get you to admit fault or minimize your injuries. Anything you say can be used to undercut your claim later.
These tactics don't mean your claim lacks value. They mean the insurance company is doing what it always does: looking for ways to save money. An experienced motorcycle accident attorney knows how to counter these strategies and present your case in the strongest possible light.
Why Helmet Use Matters Beyond the Legal Claim
Regardless of how helmet laws affect an injury claim, the safety data is clear. According to the CDC and NHTSA, motorcycle helmets are approximately 37% effective in preventing rider fatalities and reduce the risk of head injury by 69%.
Research also shows that unhelmeted motorcyclists involved in crashes are three times more likely to suffer brain injuries than those wearing helmets.
For Mississippi riders, these numbers are especially relevant. Our state's warm climate and scenic roads, from the Natchez Trace Parkway to the Gulf Coast, draw riders out year-round. Wearing a DOT-approved helmet is not just a legal requirement; it's one of the most effective things you can do to protect yourself.
That said, even helmeted riders suffer serious injuries in motorcycle crashes. Helmets protect the head, but they don't prevent broken bones, spinal cord injuries, road rash, or internal organ damage. If another driver's negligence caused your crash, you may have a valid claim regardless of whether you were wearing a helmet.
What Happens If I Was Wearing a Helmet and Still Got Hurt?
Wearing a helmet significantly reduces the risk of fatal and severe head injuries, but it doesn't make riders invincible. Helmets protect against direct impact to the skull and can reduce the severity of brain injuries, but motorcycle crashes involve enormous forces that helmets alone cannot fully absorb.
If you were wearing a helmet and still suffered a head injury, your claim may actually be strengthened. A helmet-wearing rider who sustains a TBI demonstrates just how severe the crash forces were. It can also eliminate the helmet defense entirely, meaning the insurance company can't use that argument to reduce your compensation.
Additionally, if your helmet was defective or failed to perform as expected, you may have a separate product liability claim against the helmet manufacturer. This is a less common situation, but it's worth discussing with your attorney if the facts of your case suggest the helmet didn't provide adequate protection.
Steps to Protect Your Motorcycle Accident Claim in Mississippi
After you've received medical attention and are in a stable place, there are several things you can do to protect the value of your claim:
- Keep your helmet: If you were wearing a helmet, preserve it as evidence. Don't throw it away, clean it, or allow it to be altered. The condition of the helmet can support your case.
- Document your injuries thoroughly: Make sure every injury is recorded in your medical records, including any head or brain-related symptoms. Follow up with all recommended treatments.
- Avoid giving recorded statements to the other driver's insurance company: You're not required to do this, and anything you say can be used to reduce your claim.
- Gather evidence from the scene if possible: Photos of the crash site, vehicle damage, road conditions, and your helmet can all be helpful.
- Talk to a motorcycle accident attorney before accepting any settlement offer: Insurance companies often make early offers that are far below the true value of your claim.
Taking these steps early on gives your legal team the strongest foundation to work from.
FAQs for Helmet Laws and Motorcycle Injury Claims in Mississippi
Here are some frequently asked questions about how helmet laws may affect your motorcycle accident case in Mississippi.
Can the other driver's insurance deny my claim entirely because I wasn't wearing a helmet?
No. In Mississippi, the other driver's insurance cannot deny your claim solely because you weren't wearing a helmet. If their policyholder caused the accident, they are liable for the damages. However, they may argue that your injuries would have been less severe with a helmet, which could reduce your compensation under comparative negligence rules.
Does Mississippi's helmet law apply to moped and scooter riders?
Yes. Mississippi Code § 63-7-64 applies to anyone operating or riding on a motorcycle or motor scooter on public roads. If you ride a moped or scooter, you are required to wear a DOT-approved helmet.
What if I was a passenger on a motorcycle and wasn't given a helmet?
As a passenger, you are still covered by Mississippi's helmet law. However, your legal options may differ. If the motorcycle operator failed to provide a helmet or you suffered injuries due to the operator's negligence, you may have a claim against the operator and/or the at-fault driver. An attorney can help sort out the parties involved.
Are there any situations where the helmet law doesn't apply?
The main exception is for riders aged 18 and older participating in a parade at speeds under 30 miles per hour. Autocycle operators are also exempt from the helmet requirement. Outside of these narrow situations, all motorcycle and scooter riders and passengers must wear helmets on Mississippi's public roads.
Talk to a Mississippi Motorcycle Accident Attorney Today
Being injured in a motorcycle crash is a life-changing experience, and worrying about whether your helmet status will hurt your case only adds to the stress. The truth is, if someone else's negligence caused your accident, you have rights, and we're here to help you protect them.
At Richard Schwartz & Associates, we've spent more than 40 years standing up for injured Mississippians. Whether you were wearing a helmet or not, we'll fight to make sure you receive the compensation you deserve.
Contact us today for a free consultation. We're available 24/7 and serve clients throughout Mississippi, including Jackson, Tupelo, Hattiesburg, Meridian, Columbus, Greenville, and Greenwood. Your fight is our fight.