Does Wearing a Helmet Affect My Compensation After a Motorcycle Accident in Boston?
Published in Motorcycle Accidents on September 29, 2025
Reading Time: 3 minutes
There are few things in life that bring as much joy as a motorcycle ride on a summer evening. However, a life-changing accident can happen in an instant.
If you or a loved one has been injured in a Boston motorcycle accident, now you have to find out what to do and where to turn. Lots of myths and false information about accident liability circulate around, but you need access to accurate, reliable information.
The motorcycle accident attorneys at Sweeney Merrigan Law have been representing injury victims in Massachusetts for decades. We hope to put our knowledge and experience to work for you and your family. In this article, we will take a closer look at the role helmet use plays in motorcycle accident compensation.
Motorcycle Accident Statistics
The National Security Council Injury Facts data shows that motorcycle accidents continue to be a leading cause of traffic injuries and fatalities across the United States.
Here are some key statistics from their 2023 data:
- Although making up only 0.6 percent of vehicle miles traveled in the United States, motorcyclists accounted for 15.5 percent of all traffic fatalities
- Over the last 10 years, deaths have increased by 38 percent
- 64 percent of motorcycle accidents occurred on urban roads, and 94 percent happened in good weather conditions
Motorcycle Helmet Laws in Boston
Although helmet use is understood to reduce the risk of injury and death, the laws vary widely across the United States. In fact, 3 states do not have any motorcycle helmet laws at all.
Massachusetts is one of 17 states that have universal helmet laws. Under this law, all riders, including passengers, must wear helmets. The US Department of Transportation outlines federal standards for motorcycle helmets. These regulations include details such as straps, weight, and shock absorption.
Helmet laws in Massachusetts apply to all motorized two-wheeled vehicles, including mopeds and motorized scooters.
The Impact of Helmets on Comparative Negligence
Each state has its own laws about how a person’s negligence affects his or her injury claim. Some states have laws that prevent a person from recovering any compensation at all if he or she was even 1 percent to blame for the accident.
Under Massachusetts’ comparative negligence laws, a person can only recover compensation if he or she was less than 51 percent at fault. In addition, the amount of compensation a person receives is reduced by the percentage of fault.
This means that if the insurance company can prove that the injury victim was partially at fault for his or her injuries, the less compensation the insurance company would pay out.
Some arguments an insurance company may use to prove the victim’s level of fault in a case to reduce compensation include:
- The victim’s injury could have been prevented or reduced by wearing a helmet
- The victim was wearing a helmet, but it wasn’t DOT-certified
- The helmet the victim was wearing was damaged or not worn properly
Strategies to Fight a Motorcycle Accident Case
The truth is that while helmets have been proven to dramatically reduce the risk of serious or fatal head injuries in a motorcycle accident, no helmet can prevent all injuries.
When you work with an experienced motorcycle accident lawyer, he or she will evaluate the specific details of your case to determine how to build a strong case.
Some strategies an accident lawyer can use may include:
- Proving the other party’s negligence: Evidence can be provided to prove that the other party’s negligence was the primary cause of the accident. For example, distracted driving, impaired driving, failure to yield, speeding, or other negligent actions may have caused the accident.
- Refuting the insurance company’s arguments of fault: The insurance company will likely try to inflate your level of fault to reduce compensation. This line of reasoning can be refuted by providing additional evidence.
- Using expert witnesses: Medical experts and accident reconstruction experts can help build a strong case. Their testimony can prove how big (or small) of an impact a helmet would have had on your injuries.
The Attorneys at Sweeney Merrigan Can Help After Your Boston Motorcycle Accident
If you have been injured in a Boston motorcycle accident, you deserve fair compensation for your losses. This is true whether you were wearing a helmet or not. Yet, not wearing a helmet can affect your case and make it more difficult for you to recover full compensation.
At Sweeney Merrigan, we are committed to providing our clients with the best representation we can offer. We understand that you are likely stressed and overwhelmed. We work to build strong, personal relationships with each of our clients so we can fight for their best interests.
A free consultation with our firm can help you determine the ideal course of action for you and your family. Schedule your free consultation today by calling us or filling out our online form.