If you weren’t wearing a helmet when you got hit, that’s going to affect your settlement. North Carolina requires helmets for everyone on a motorcycle, and insurance companies absolutely know how to weaponize that law against injured riders.
North Carolina’s Helmet Law
North Carolina General Statute 20-140.4 is clear. Every motorcyclist and passenger must wear a DOT-approved helmet. No exceptions for age or experience. You’re on a bike in this state, you’re wearing a helmet. This isn’t just about avoiding a ticket. When you’re hurt in a crash, that helmet law becomes a serious problem if you weren’t following it.
How Not Wearing A Helmet Impacts Your Case
Insurance adjusters will pounce on helmet violations. They’ll argue that, sure, maybe their driver caused the accident, but your head injuries? Those are on you for breaking the law. North Carolina’s contributory negligence rule makes this argument devastating. If you’re even 1% responsible for your own injuries, you can’t recover a dime. Nothing. The insurance company will use your failure to wear a helmet as proof that you contributed to your injuries, even if some distracted driver plowed into you at a red light. What actually happens in these cases:
- Defense teams hire experts who’ll testify about how much helmets reduce injury severity
- Adjusters pull out medical studies showing decreased head trauma with proper gear
- Settlement offers drop dramatically or disappear completely
- Juries often have less sympathy for riders who weren’t following safety laws
A Raleigh Motorcycle Accident Lawyer can fight these arguments, but you’re starting from a tough position.
Even With A Helmet, Documentation Matters
If you wore your helmet, you need to prove it. Take photos of your damaged helmet right there at the scene. Don’t toss it out. Keep it as evidence. Get witness statements from anyone who saw you wearing proper gear. Some insurance companies will still try arguing your helmet wasn’t fastened correctly or didn’t meet DOT standards. They’ll look for any opening. Don’t give them one by failing to document your safety equipment immediately after the crash.
The Reality Of Head Injury Claims
Traumatic brain injuries destroy lives and drain bank accounts. Medical bills can hit six figures fast. You might be out of work for months. Your quality of life changes permanently.
When you weren’t wearing a helmet, insurers will fight your damages relentlessly. They’ll say you assumed the risk of catastrophic head trauma by riding without protection. They’ll parade experts in front of juries who’ll testify that your medical bills would’ve been a fraction of what they are if you’d just worn a helmet. These arguments aren’t always accurate. But they work on juries who already have opinions about motorcyclists.
Other Factors That Affect Your Settlement
Helmet use isn’t the only thing working against you. Insurance companies dig into everything:
- Did you have a valid motorcycle license?
- Were you drinking or using drugs?
- Were you speeding or driving recklessly?
- Did your bike have proper lighting and equipment?
Every violation hands them another reason to slash your compensation or deny your claim outright.
Building The Strongest Possible Case
Medical treatment comes first after any accident. That’s non-negotiable. But once you’re stable, you need to think about protecting your legal rights.
Get the police report. Photograph every injury, your wrecked bike, and all your gear. Write down what you remember about the accident while the details are fresh in your mind. And don’t talk to insurance adjusters without representation. They’re not your friends, and they’re definitely not looking out for your best interests.
A Raleigh Motorcycle Accident Lawyer knows exactly how insurance companies evaluate these claims. They understand what evidence strengthens your case and what arguments you’ll face during settlement negotiations.
Getting Help After Your Accident
Motorcycle accident cases get complicated fast. Questions about liability, causation, and damages pile up. Meanwhile, insurance companies have entire legal teams working to minimize what they pay you. You need someone in your corner who’s done this before.
Burton Law Firm represents injured motorcyclists throughout Raleigh and the surrounding areas. We’ve handled cases where helmet use became a major issue, and we know how to maximize your recovery regardless of what safety equipment you were wearing when the crash happened. Reach out to talk about your situation and learn what options you’ve got for getting compensated.