Louisiana requires every motorcyclist to wear a helmet, no exceptions for age or experience. Many riders assume that not wearing one automatically wrecks any chance of compensation after a crash, but that assumption is not quite right.
What Does Louisiana’s Helmet Law Actually Require?
Under Louisiana Revised Statute 32:190, no person may operate or ride upon a motorcycle, motor driven cycle, or motorized bicycle without wearing a properly secured safety helmet meeting specific design standards, regardless of the rider’s age or experience.
Does Not Wearing A Helmet Automatically Bar A Claim?
No. Not wearing a helmet does not automatically prevent an injured rider from recovering compensation after a crash. Louisiana courts review each case individually, considering the actual cause of the crash and whether the missing helmet genuinely worsened the specific injuries involved.
Can An Insurer Use A Missing Helmet To Reduce A Settlement?
Yes, but only to a point. Kiefer & Kiefer routinely pushes back on insurers who try to treat a helmet violation as a blanket reduction across an entire claim. An insurer can argue that a missing helmet increased the severity of certain injuries, which could reduce compensation for those specific injuries, but the insurer still has to prove the missing helmet actually made a difference rather than simply pointing to the violation itself.
What Kinds Of Injuries Does This Argument Typically Affect?
This argument generally applies to head and brain injuries, since those are the injuries a helmet is actually designed to prevent or reduce. Injuries like broken bones, spinal damage, or road rash are generally unaffected by this argument, since a helmet would not have changed those outcomes.
Are There Any Exceptions To The Helmet Requirement?
Yes, a few narrow ones. Local police authorities can grant exemptions for riders participating in parades or public exhibitions, and the requirement does not apply to autocycles equipped with a rollbar or roll cage that meets the standards for a safety helmet.
What Evidence Helps Address A Helmet Related Argument?
Because these arguments depend on connecting a missing helmet to specific injuries, gathering the right evidence matters considerably:
- Medical records documenting whether injuries were head related or affected other body parts
- Records showing the actual cause of the crash, separate from helmet use
- Documentation of any applicable exemption, such as a parade permit
- Photos or scene evidence relevant to how the crash occurred
How Does This Apply To A Mandeville Motorcycle Accident Claim?
Because an insurer’s helmet argument has real limits and requires proof rather than assumption, pushing back on an overreaching claim matters considerably. A Mandeville motorcycle accident lawyer can evaluate which injuries, if any, a helmet argument could realistically affect.
What If The Insurer Applies This Argument To Every Injury In The Case?
Insurers sometimes try to apply a helmet related reduction across an entire claim, even to injuries a helmet would never have prevented. A Mandeville motorcycle accident lawyer can push back on an overbroad application of this argument and limit it to injuries actually connected to the missing helmet.
Not wearing a helmet is a real factor an insurer can raise, but it is far more limited than the blanket denial some riders assume it creates. If you were riding without a helmet when you were hurt in a crash in Mandeville, reach out to our office to go over how this argument might apply to your specific injuries.
