1. Contributory Negligence:
- Under contributory negligence laws, if the injured party (motorcyclist) is found to be even partially at fault for the accident due to not wearing a helmet, they may be entirely barred from recovering any damages.
2. Comparative Negligence:
- Many states follow comparative negligence rules:
- In "Pure Comparative Negligence" - The injury settlement may be reduced (not prohibited as in the case of contributory negligence) in proportion to the degree to which the motorcyclist's contributory negligence (not wearing a helmet) contributed to the accident.
- In "Modified Comparative Negligence" - If the motorcyclist's percentage of contributory negligence exceeds a specific threshold (e.g., 50% or 51%, depending on the jurisdiction), they may be barred from collecting damages or have those damages significantly reduced.
It's advisable for motorcyclists to check the exact laws of their specific jurisdiction regarding whether they follow contributory negligence or comparative negligence doctrines and the possible ramifications on potential injury settlements in situations of helmet non-usage during an accident.
