Helmet Use and Nonuse: Effects on Injury Claims in Alabama

If you ride a motorcycle in Alabama, wearing a helmet isn’t just a suggestion – it’s the law.  Given that roughly 30 crashes take place on Alabama roads each week, it’s vital for motorcyclists and their loved ones to understand the implications of helmet use on both rider safety and personal injury claims.

Motorcycle accidents are extremely dangerous, with four out of every five crashes resulting in injuries and even death. Failure to comply with established laws or to prioritize your personal safety while riding by wearing a helmet can have serious and life-changing consequences that far outweigh the perceived benefits of riding without a helmet. Here’s a brief overview of what motorcycle riders in Alabama need to know about the importance of wearing a helmet, as well as an explanation of how helmet use (or nonuse) can impact your right to accident-related compensation.

Do I have to wear a helmet?

The state of Alabama requires all motorcycle riders and passengers to wear helmets while riding, regardless of their age or experience level. In this way, Alabama stands apart from other states that make helmet use optional or give riders over a certain age the ability to ride without a helmet.

Additionally, riders in Alabama must ensure their helmets meet certain state-mandated safety standards. Purchasing helmets that are approved by the Department of Transportation (DOT) will usually qualify. Some of the helmet requirements imposed by Alabama state law (AL Code § 32-12-41 (2024)) include:

• Helmets must be specifically designed for motorcycle use.
• Helmets must be constructed with a hard exterior shell that is resistant to impact and penetration.
• Helmets must include a shock-absorbent head cradle made from durable, skin-safe materials.
• Helmets must have padded interiors.
• Helmets must have permanently attached chin straps, and riders must keep the strap fastened at all times while riding.
• Helmet visors, if used, must not extend more than ¼ inch beyond the exterior shell and must be flexible or easy to snap on and off.

Looking for a DOT sticker can help riders easily identify helmets that should satisfy Alabama’s legal requirements and keep them safer on the road.

What happens if I don’t wear a helmet?

Under state law, motorcyclists who fail to wear a DOT-approved helmet while riding can open themselves to serious legal consequences – not to mention putting their personal safety at serious risk. Failure to wear a helmet is classified as a misdemeanor under Alabama state law, and can carry consequences including fines and other penalties. Each violation of the law is treated as a separate misdemeanor, and repeat offenders may face particularly harsh consequences.

Beyond the legal ramifications of choosing not to wear a helmet, motorcyclists who attempt to skirt helmet requirements may suffer serious harm in the event of an accident. Research consistently demonstrates that DOT-approved helmets are roughly 37% effective in preventing fatal injuries in motorcycle crashes.

The stakes of helmet use could not be higher for Alabama’s motorcyclists. Between the risk of monetary fines, jail time, and serious or fatal injuries, there’s no good reason not to wear a helmet while hitting the open road in the Yellowhammer State.

Helmet use and personal injury claims

As you might have guessed, helmet use can play a major role in personal injury claims in the event of a motorcycle crash. First, wearing a helmet can, in some cases, prevent riders from becoming seriously injured during an accident in the first place. No injury means no personal injury claim, though a motorcycle accident claim may still be warranted to address property damage or other losses.

On the other hand, failure to wear a helmet can effectively derail a personal injury claim. That’s because Alabama utilizes a contributory negligence system when assessing liability in personal injury claims. In practice, this means that if an accident victim is found to have contributed in any way to their own accident or injuries, they may be entirely barred from recovering compensatory damages. In cases involving helmet nonuse, this contributory negligence system could preclude injured riders from recovering compensation if an insurance company, judge, or jury determines that their injuries could have been avoided if they had been wearing a helmet (for instance, if you injured your head).

While helmet nonuse in and of itself may not entirely spell certain doom for a personal injury claim, it can certainly make the process more complicated. In order to recover compensation in a case involving helmet nonuse, a rider looking to collect damages would need to demonstrate that:

• The other driver involved in the accident directly caused the crash
• The injured rider’s injuries would have been the same regardless of whether or not they had been wearing a helmet
• Any damages the injured party is looking to recover are not related to head injuries that could have been avoided by helmet use.

There are some legal paths available to motorcyclists who were unhelmeted at the time of a crash, such as applying the last clear chance doctrine or alleging wantonness on the part of the other party. An experienced motorcycle accident attorney can help you assess how your claim may be affected by your helmet use or nonuse and provide you with important guidance regarding how best to proceed in your case.

Final thoughts

In Alabama, wearing a helmet is non-negotiable, and for good reason. Helmets protect riders from serious and fatal injuries and give them greater leeway in the event that they need to recover compensatory damages. If you’re injured without a helmet, your case isn’t automatically shot, but it’s certainly more vulnerable to claims of contributory negligence. If your goal is to stay physically and legally safe while riding, wearing a helmet is perhaps the single most effective way to make sure all your bases are covered.

If you’ve been injured in a motorcycle accident on Alabama roads, and you’re curious about how your helmet use might play a role in your fight for compensation, the team at Martin & Helms might be able to help. Our experienced team of local personal injury attorneys understands the unique challenges associated with motorcycle accident cases and is dedicated to fighting back against the outdated stereotypes and implicit biases that often impact riders’ claims after a crash.

Give us a call today or fill out our online contact form to schedule a free consultation. We want to learn more about the facts of your case, talk to you about any potential legal issues related to your helmet use, and help you decide what to do next.