In Tennessee, all motorcycle riders and passengers are legally required to wear helmets that comply with federal safety standards. Failing to wear a proper helmet can not only result in severe injuries but can also significantly impact a rider’s ability to recover damages in a personal injury lawsuit. In such cases, defense counsel may argue that the motorcyclist's decision not to wear a helmet contributed to the severity of their injuries, leading to a reduction or even a complete bar on their recovery of damages.

In motor vehicle accident cases, Tennessee follows the rule of modified comparative negligence. This means that a motorcycle rider can recover damages only if they are less than 50 percent responsible for the accident and resulting injuries. Even if the motorcyclist is less than 50 percent responsible, the amount they can recover is reduced in proportion to their share of the fault. For example, if a jury determines that the motorcycle rider suffered $100,000 in damages but was 20 percent at fault, the damages would be reduced by 20 percent, or $20,000.

Defense counsel frequently use two primary tactics to reduce or eliminate a motorcycle rider's recovery in personal injury lawsuits. The first is to attribute fault for the accident itself to the rider, citing behaviors like speeding, weaving through traffic or other unsafe maneuvers. The second is to point out the rider's failure to wear a helmet or to wear a helmet that meets the necessary safety standards, arguing that this lack of protection contributed to the severity and extent of the rider’s injuries.

Tennessee law requires adult riders to wear helmets that meet federal safety standards for helmet performance. These specify shape, head coverage, fastening mechanisms, penetrability, shock absorption and range of vision. If a rider was not wearing a helmet that met these standards, the defense could argue that the head injuries would not have occurred with a proper helmet. Proving this could result in the rider being found 50 percent or more at fault, legally barring their recovery.

Even if the rider’s failure to wear a complying helmet does not bar recovery entirely, it could still lead to a substantial reduction in the damages awarded. For instance, if a jury finds that wearing an inadequate helmet contributed 30 percent to the severity of a motorcyclist’s head injury, the plaintiff’s award will be reduced by that percentage. If you’ve been hurt in a motorcycle accident and are facing arguments from the defense that your failure to wear a helmet was substantially the cause of your injuries, a knowledgeable motorcycle accident attorney can counter these defenses and assert your right to fair compensation.

At Massengill, Caldwell & Coughlin, P.C., we represent motorcycle accident victims throughout Bristol, Kingsport, Johnson City, Upper East Tennessee, and Southwest Virginia. Call us at 423-797-6022 or contact us online to schedule a free initial consultation.