Can You File a Claim If You Weren’t Wearing a Helmet During a Motorcycle Accident?

If you’ve been injured in a motorcycle accident in Alaska and weren’t wearing a helmet at the time, you may be wondering if you still have the right to seek compensation. It’s a common concern — and an important one. Alaska’s helmet laws are relatively lenient, but insurance companies may still try to use your lack of a helmet to reduce or deny your claim.

The good news is that even if you weren’t wearing a helmet, you can still file a motorcycle accident claim. However, whether and how much compensation you receive could be affected depending on your age, the type of injuries you sustained, and how fault is assigned. At the Law Office of Curtis W. Martin, we help injured victims of motorcycle accidents in Alaska recover the compensation they need to move forward. 

What Are Alaska’s Helmet Laws?

Alaska does not require all motorcyclists to wear helmets. Instead, the state’s helmet law is based on age and rider classification. According to Alaska Statutes § 28.05.011:

• Riders under the age of 18 are required to wear a helmet, regardless of whether they are the driver or a passenger.
• Riders 18 and older are not legally required to wear a helmet while operating a motorcycle, unless they are operating under a motorcycle instruction permit.

That means if you’re an adult riding with a valid motorcycle license, choosing not to wear a helmet is not a violation of the law. However, legal does not always mean consequence-free,  especially in a personal injury claim.

Whether you were complying with the helmet law can influence how your case is evaluated, particularly when it comes to determining fault and calculating damages for head injuries.

Will Not Wearing a Helmet Hurt Your Injury Claim?

Possibly — but it depends on the facts of your case. Alaska follows a pure comparative negligence system. This means that even if you’re partially at fault for your injuries, you can still recover compensation. However, your total damages will be reduced by your percentage of fault.

For example, let’s say you’re riding legally without a helmet and another driver runs a red light and crashes into you. You suffer a traumatic brain injury. The driver is clearly at fault for causing the accident, but the insurance company argues that your injuries were worsened because you weren’t wearing a helmet. A court may agree and assign, say, 30% of the fault to you. If your total damages are $100,000, your compensation would be reduced to $70,000.

Here’s what to keep in mind:

• If you didn’t suffer a head injury, not wearing a helmet is unlikely to impact your claim significantly.
• If you did suffer a head or brain injury, the defense may argue that the injury could have been prevented or less severe with helmet use.
• If you’re under 18 and not wearing a helmet, you may be in violation of state law, which could complicate your claim further.

In short, not wearing a helmet does not disqualify you from filing a claim, but it can be used as a factor in reducing the value of your claim if your injuries are connected to that decision.

How Insurance Companies Use Helmet Use Against You

Insurance companies are in the business of minimizing payouts, and helmet use is one of the first things they will investigate after a motorcycle accident. Even in states like Alaska where helmet use isn’t mandatory for adults, insurers may argue that your decision not to wear one contributed to your injuries — especially if you suffered a concussion, skull fracture, or traumatic brain injury.

They might hire medical experts to testify that your injuries could have been avoided, or they may try to assign a high percentage of comparative negligence to you. In some cases, they’ll use this argument as leverage to push for a low settlement — even if you weren’t primarily at fault for the crash.

That’s why working with a skilled attorney is crucial. Our motorcycle accident team knows how to counter these tactics and build a case that accurately reflects the real cause of your injuries: the negligence of another driver.

What To Do If You Were Injured Without a Helmet

If you were involved in a motorcycle crash and weren’t wearing a helmet, here’s what you should do to protect your claim:

• Seek medical attention immediately: Whether you feel injured or not, it’s critical to get checked out — especially if there’s any chance of a head injury.
• Document everything: Take photos of the scene, get contact information from witnesses, and keep all medical records related to your injuries.
• Don’t admit fault: Avoid making any statements to police or insurers that could imply you were responsible for your own injuries.
• Consult with an attorney: The sooner you involve legal counsel, the better your chances of protecting your rights and maximizing your compensation.

Even if you made the personal choice to ride without a helmet — and were legally allowed to do so — that doesn’t mean you should pay the price for another driver’s mistake. With the right legal guidance, you can fight back against insurance company tactics and pursue the compensation you deserve.

If you’ve been hurt in a motorcycle crash in Palmer or anywhere in Alaska, and you're unsure how your lack of a helmet might affect your case, contact us today for a free case evaluation. We’re here to answer your questions, protect your rights, and help you move forward with confidence.