Can You Get Compensation If You Weren’t Wearing a Helmet?

January 11, 2026
Max Meyers Law

After a motorcycle crash, many riders assume they have no case if they weren’t wearing a helmet. That belief often stops people from seeking help when they need it most. Attorney Max Meers, a Washington motorcycle accident attorney, regularly speaks with injured riders who think one mistake erased their rights. The reality is more nuanced, and Washington law leaves room for injured motorcyclists to pursue compensation in many situations.

Washington does require motorcyclists to wear helmets, but a helmet violation does not automatically make you at fault for a crash. Liability depends on what actually caused the accident and the injuries. If another driver ran a red light, failed to yield, or was distracted behind the wheel, those actions still matter, regardless of whether the rider was wearing a helmet.

Washington follows a comparative fault system. This means responsibility can be shared between multiple parties. Even if you are found partially at fault, you may still recover compensation for medical bills, lost income, and other damages. Any award is reduced by your percentage of fault rather than eliminated entirely. In many cases, the helmet issue is only one small piece of a much larger legal picture.

Another critical factor is whether the injuries were actually caused by the lack of a helmet. If you suffered injuries to your legs, back, or internal organs, the absence of a helmet may have little or no connection to the harm you experienced. When injuries are unrelated, the helmet argument may carry far less weight than insurance companies would like you to believe.

Insurance companies, however, often focus heavily on helmet use. They may try to blame all injuries on the rider, even when the evidence shows the crash itself was caused by a careless driver. This tactic is designed to reduce payouts or discourage injured riders from pursuing a claim at all. Understanding how to counter these arguments is key to protecting your rights.

How an Experienced Motorcycle Accident Attorney Can Help

An experienced motorcycle accident attorney can evaluate how fault should be allocated and whether helmet use truly affected the injuries. This includes analyzing accident reports, medical records, and the other driver’s conduct. An attorney can also handle insurance company communications, push back against unfair blame, and work to maximize the compensation available under the law. Instead of facing these challenges alone, injured riders gain an advocate focused on facts and accountability.

Take Action Today: Protect Your Rights After a Motorcycle Accident

If you were injured in a motorcycle crash with or without a helmet, it is worth getting clear answers about your rights. Speaking with an attorney can help you understand where you stand and what options may be available. Getting accurate information early can make a meaningful difference in your recovery and your case.

Frequently Asked Questions

Can I still file a claim if I wasn’t wearing a helmet?
Yes. Not wearing a helmet does not automatically prevent you from filing a claim in Washington. Your compensation may be reduced depending on fault, but it is not automatically denied.

Will not wearing a helmet make the accident my fault?
No. Fault is based on what caused the crash. Another driver’s actions, such as speeding or texting, are still central to determining liability.

What if my injuries weren’t related to my head or neck?
If your injuries were unrelated to helmet use, the helmet issue may have little impact on your case. Each injury must be evaluated based on its cause.

Should I talk to the insurance company myself?
Insurance companies may use your statements to shift blame. Speaking with an attorney first can help protect your interests and avoid common pitfalls.

Bothell

19515 N. Creek Pkwy, Suite 204
Bothell, WA 98011

(425) 970-9300

Office Hours: 9:00am-5:00pm

Kirkland

11200 Kirkland Way, Suite 340B-1
Kirkland, WA 98033

(425) 970-9300

Office Hours: By appointment only