Key Takeaways
- Georgia law requires all motorcycle riders to wear a helmet (O.C.G.A. § 40-6-315).
- Not wearing a helmet can reduce your injury compensation, especially if you suffered head trauma.
- Insurance companies may argue you were partially at fault for your injuries.
- You can still recover damages—especially for injuries unrelated to your head or brain.
- An experienced motorcycle injury attorney can help limit the impact of helmet use on your claim.
Georgia’s Motorcycle Helmet Law
Under O.C.G.A. § 40-6-315, all motorcyclists in Georgia must wear U.S. DOT-approved helmets. This applies to:
- Riders and passengers
- Mopeds over 50cc
- Motor-driven cycles on public roads
If you weren’t wearing a helmet when the accident occurred, you may face a traffic citation, but more importantly—it can impact your injury claim.
Can You Still File a Lawsuit Without a Helmet?
Yes. Not wearing a helmet does not prevent you from filing a personal injury claim if another driver caused your crash.
You have a right to seek compensation for:
- Medical expenses
- Lost income
- Pain and suffering
- Permanent disability or disfigurement
However, Georgia’s comparative negligence law comes into play—your total compensation could be reduced if not wearing a helmet made your injuries worse.
How Not Wearing a Helmet Affects Compensation
Georgia follows modified comparative negligence, meaning:
- If you are 50% or more at fault, you get nothing.
- If you’re less than 50% at fault, your compensation is reduced by your percentage of fault.
Example:
- A car hits your motorcycle while turning illegally.
- You’re not wearing a helmet and suffer a traumatic brain injury.
- A court finds the driver 80% at fault but says your helmetless riding contributed 20% to your injury.
- Your $100,000 award is reduced to $80,000.
If the insurance company tries to say you were mostly at fault because of the helmet, that’s where Hines Law fights back.
What If Your Injuries Have Nothing to Do With Your Head?
If your injuries are to your:
- Legs
- Back
- Spine
- Arms
- Internal organs
—then not wearing a helmet is irrelevant. The defense cannot argue that a helmet would have prevented those injuries.
Your attorney must clearly link each injury to the crash—not to helmet use. Medical records, expert testimony, and accident reconstruction can make this case clear.
How Insurance Companies Use Helmet Use Against You
Insurers look for ways to deny or reduce claims. If you weren’t wearing a helmet, they may:
- Claim you were “reckless” or “irresponsible”
- Say your injury was “your fault”
- Offer a low settlement based on “shared liability”
This tactic is especially common if you’re a Latino rider or a younger motorcyclist, as bias often creeps into these decisions.
Don’t let them take advantage of you. Hines Law will gather medical and legal evidence to prove you deserve full compensation.
What You Should Do After a Motorcycle Crash
Helmet or no helmet—take these steps:
- Call 911 and get medical help immediately.
- Document the scene with photos and videos.
- Do not admit fault or talk about helmet use with insurers.
- Contact Hines Law before speaking with the other driver’s insurance.
The sooner you act, the stronger your case will be—especially in proving what caused your injuries.
Call Hines Law – Georgia Motorcycle Accident Attorneys Who Fight for You
At Hines Law, we know motorcycle crashes can be life-altering. Whether you were wearing a helmet or not, you still have rights—and we’re here to protect them.
We’ll help you:
- Prove driver fault
- Defend against unfair blame
- Recover the compensation you deserve
We serve clients across Atlanta, Dalton, Marietta, Gainesville, Austell, and all of Georgia. Bilingual legal help is available in Spanish and English.