Riding a motorcycle through the Pacific Northwest is an exhilarating experience, whether you are cruising down I-5, exploring the scenic routes along the coast, or navigating the streets of Seattle. But with that freedom comes risk. When an accident happens, the injuries can be severe, and the legal questions that follow can be complex. One of the most common and critical questions involves Washington State’s motorcycle helmet laws and how they affect a personal injury claim.
Understanding these laws is a crucial part of protecting yourself on the road and after a crash. This guide explains Washington’s specific helmet regulations, the legal principle of comparative fault, and how these two factors intersect in a personal injury case.
Washington’s Universal Helmet Law: The Basics
Washington is one of many states with a universal helmet law, which means that a person must wear a motorcycle helmet while riding or operating a motorcycle on a state highway, county road, or city street. This requirement applies to all riders, regardless of age or experience.
The law, found in RCW 46.37.530, does not permit a rider to choose whether or not to wear a helmet for safety or comfort. There are very limited exceptions, such as for a vehicle with a steering wheel and an enclosed seating area with seat belts. For the vast majority of riders on a typical motorcycle, moped, or motor-driven cycle, wearing a helmet is mandatory. The helmet must also be fastened securely with a chin or neck strap while the vehicle is in motion.
Understanding Comparative Fault in Washington State
When an accident happens, the question of who is at fault determines who is financially responsible for the resulting injuries and damages. In Washington, we follow a system known as “pure comparative fault,” also called “comparative negligence”, which is a key legal concept that directly impacts personal injury claims, especially in cases where the injured person may have contributed to their own harm.
Under this system, a person can still recover damages even if they are partially at fault for the accident. The court or insurance company determines the percentage of fault for each person involved. Then, the total compensation you can receive is reduced by your percentage of fault.
The Intersection of Helmet Laws and Your Claim
So, how does Washington’s helmet law fit into this comparative fault system? An insurance company or opposing attorney might try to argue that a rider who was not wearing a helmet was also at fault for their injuries. They would argue that by failing to wear a helmet, the rider contributed to the severity of their own head or brain injuries.
Here’s what that can look like:
- Injury Specificity: The impact of not wearing a helmet often depends on the type of injury sustained. If the rider suffers from a broken leg or other orthopedic injury that has no connection to their head, the lack of a helmet is less likely to be a significant factor. However, if the rider sustains a traumatic brain injury (TBI) or other head trauma, the defense will almost certainly point to the lack of a helmet to argue that the injury would have been less severe.
- Contributory Fault vs. Causation: It is important to remember that not wearing a helmet does not make you the cause of the accident itself. The helmet law violation is a separate issue from the other driver’s negligence. In a claim, a person must prove that the other driver’s actions directly caused the crash. The lack of a helmet only potentially affects the degree of fault related to the injuries, not the cause of the collision.
Even so, being found partially at fault for your injuries can significantly lower the total amount of compensation you can recover. A person who was not wearing a helmet might receive a reduced settlement offer or jury award for their head injuries, even if the other driver was clearly negligent.
Other Common Legal Factors in Motorcycle Accidents
Beyond helmet laws, other legal factors can complicate a motorcycle accident claim in Washington. It is important to be aware of these.
- Lane Splitting: In Washington, it is illegal to operate a motorcycle between lanes of traffic or between adjacent rows of vehicles. RCW 46.61.608 makes it clear that motorcyclists are entitled to full use of a lane, but they cannot “lane split” to pass through traffic. Violating this law can be used to argue contributory fault in a claim.
- Driver Prejudice: Motorcyclists sometimes face a subconscious bias from other drivers, and even in legal proceedings. People may unfairly assume that a rider was speeding, being reckless, or acting as a rulebreaker, which is where a thorough and evidence-based approach is crucial to a successful claim.
Empowering You to Take the Next Step
At Coppinger Law P.S., my purpose is to provide a helpful and welcoming hand when you need it most. My goal is to empower you with clear information and personalized guidance so that you can make informed decisions about your future. If you have been injured in a motorcycle crash and are wondering how Washington’s laws affect your claim, I am here to help. Call 360-685-7955 today to schedule a consultation.
