What If I Wasn’t Wearing A Helmet In A Motorcycle Crash? – Bennerotte & Associates, P.A.

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Transcription:

00:00:03 Well, here the question of how that kind of plays out in your case depends on the state you’re in, but in Minnesota where we primarily practice, although we practice in other states as well, whether you have a helmet on or not, cannot be used against you. So, in some states, it can be. Some states it can be looked at as a comparative fault. If you chose not to wear a helmet, you’re on a motorcycle and you get in a crash and you get injured. In Minnesota though, it cannot be used against you because the

00:00:31 law says that if you choose not to. Kind of like with a seat belt in Minnesota. Same thing. It is not anything that can come up in evidence. Now, having said all that, kind of like with seat belts, if you are on a motorcycle and you’re not wearing a helmet and you sustain a pretty significant head injury, most juries are going to conclude on their own, figure out that you weren’t. They can always hold it against you. even if a judge tells them and directs them not to. But just from a pure standpoint of

00:01:02 the law and what can come into evidence, nothing with respect to the failure to wear a helmet can be used against you in Minnesota. So, uh, I would still say if I were you, I’d wear a helmet, but it can’t be used against you in any case if you choose not to.