After months of cold weather, seasoned riders and those new to motorcycle riding will begin hitting the road in the next few weeks. Riding is fun, and a great way to enjoy the countryside. Unfortunately, without the proper precautions and training, it can also be dangerous. That includes wearing a helmet and understanding Kentucky’s motorcycle helmet laws. Wearing a helmet could make all the difference in an accident, and understanding when the law requires it could save you from costly fines.
Operators or passengers under the age of 21 are required to wear a helmet. Operators with a permit, or a license for less than a year are also required to wear a helmet. Since 2000, Kentucky law has not required those over the age of 21 to wear a helmet while operating a motorcycle. You may also remember that Kentucky law used to require motorcycle operators to carry proof of health insurance. That is also no longer the law. You can review § 189.285 here.
There is another reason to abide by Kentucky’s helmet laws if you fall into one of the above categories. In the event of an accident, whether you were wearing a helmet could be a factor that determines your recovery. Kentucky is a comparative negligence state. This means that even if the other motorist is at fault, your recovery is reduced by the degree to which you are at fault. Even more so if your damages stem from a head injury. A jury may find that you contributed to your own injury if you do not wear a helmet, especially if you are legally required to do so. This could also limit a potential settlement. It could also result in a ticket from the officer clearing the scene.
Call the Bryant Law Center for a FREE evaluation of your case. We offer a “NO FEE PERSONAL INJURY PROMISE.” Hiring our firm will cost you nothing until we win your case (At settlement court costs and case expenses will be the responsibility of the client).