Motorcycle Accident Lawyer in Carteret County

Motorcycle accidents often result in severe injuries, and recovering from them can be a long and difficult process. At Ward and Smith, our motorcycle accident lawyers have the experience to fight for the justice you deserve. If you’ve been hurt due to another person’s negligence in Carteret County, we are here to help. Call (919) 827-8475 and let us work on your behalf to secure the compensation you deserve.

How Helmet Use Affects Motorcycle Safety and Injury Claims

Motorcycles offer a sense of freedom that many riders can’t find anywhere else. But along with that freedom comes risk. Unlike cars, motorcycles don’t offer much protection in a crash. Helmets are one of the few safety measures riders have. In North Carolina—and especially in Carteret County, where scenic roads are popular among motorcyclists—helmet use isn’t just a matter of safety. It can also play a major role in a personal injury claim after a crash.

If you’ve been injured in a motorcycle accident, whether or not you were wearing a helmet could influence how your case unfolds. Here’s how helmet use factors into both health outcomes and legal responsibility after a collision.

Why Helmets Matter in a Crash

Wearing a helmet significantly reduces the chances of serious head trauma in a motorcycle accident.

A helmet cannot prevent every injury, but it does a lot. It protects the skull, cushions impact, and helps prevent objects from penetrating the head. For many riders, it’s the difference between a concussion and a fatal brain injury or death.

Head injuries are some of the most devastating injuries a person can suffer. They often require lengthy medical treatment, ongoing therapy, and may even result in permanent disability. Wearing a helmet gives riders a much better chance of surviving a crash and recovering from their injuries.

North Carolina’s Helmet Law

In North Carolina, wearing a helmet while riding a motorcycle is not optional—it’s required by law. The law applies to all operators and passengers, regardless of age or experience. The helmet must meet federal safety standards, which means novelty helmets or those without proper padding and straps may not qualify.

Failing to wear a helmet is considered a traffic violation. But beyond that, it can complicate your injury claim if you’re hurt in an accident. Insurance companies may argue that your injuries could have been prevented—or at least minimized—had you followed the law.

How Helmet Use Can Affect a Personal Injury Claim

If you’re filing a personal injury claim after a motorcycle crash, your actions leading up to the collision will be closely examined, including whether you were wearing a helmet.

Insurance companies and defense lawyers may try to shift blame to reduce the amount they have to pay. If you weren’t wearing a helmet, they may argue that you contributed to your injuries. In North Carolina, that can be a serious problem because of how the State’s law handles shared fault.

North Carolina follows a legal rule called contributory negligence. Under this rule, if you are found even slightly at fault for your injuries—even 1%—you may be barred from receiving any compensation. It’s a strict standard, and it gives insurance adjusters a strong reason to look for any misstep.

When Helmet Use Doesn’t Matter as Much Legally

While not wearing a helmet can be used against you in some cases, it doesn’t always ruin a claim. The key question is whether the helmet would have made a difference in the injuries you suffered.

For example, if you broke your leg or injured your back in a crash, not wearing a helmet likely didn’t cause or worsen those injuries. In that case, the defense argument that your own actions contributed to your injuries is much weaker.

Medical records and expert testimony can help clarify which injuries were directly linked to helmet use—or lack of it. An experienced personal injury attorney can help make that case clearly and effectively.

Documenting Your Case After a Motorcycle Crash

No matter the situation, proper documentation is essential for your claim. If you’re involved in a motorcycle accident, take these steps:

Seek medical attention immediately – Even if you feel okay, symptoms of head injuries may take hours or days to appear. Prompt treatment also creates a record of your injuries.
Document everything – Take photos of the scene, your injuries, and any damage to your motorcycle.
Request a copy of the police report – This report may include whether you were wearing a helmet and who the officer believes was at fault.
Keep records – Save receipts, doctor’s notes, and time-off-from-work documentation.

If you were wearing a helmet at the time of the crash, keeping proof—such as photos or a preserved helmet—can support your claim.

The Insurance Company’s Point of View

Insurance adjusters are trained to protect their company’s bottom line. When evaluating a motorcycle accident claim, they will look at the severity of injuries, medical expenses, and whether safety laws were followed.

If you weren’t wearing a helmet, they may quickly conclude you contributed to your injuries. Even if you believe you were in the right, this perception can lower the value of your claim—or cause it to be denied outright.

A skilled attorney can negotiate with the insurance company on your behalf, especially if the connection between your injuries and helmet use is questionable.

Seeking Legal Help Early Makes a Difference

Helmet use is only one piece of the puzzle in a motorcycle injury claim. Proving fault, demonstrating damages, and handling insurance negotiations are all part of the process. But because of North Carolina’s strict contributory negligence laws, early legal help is often necessary—especially in cases involving head trauma or questions about helmet use.

An attorney can help collect evidence, consult with medical experts, and fight back against unfair claims of partial responsibility. They can also help ensure that your case focuses on the actual cause of the accident—like a distracted driver or unsafe road conditions—instead of being derailed by whether or not you wore a helmet.

Protect Your Rights with a Motorcycle Accident Attorney

Motorcycle accidents can lead to serious, life-changing injuries, but you have the right to seek compensation. The motorcycle accident attorneys at Ward and Smith are committed to fighting for your rights and ensuring you receive the justice you deserve. Contact us today at (919) 827-8475 and let us help you secure the compensation you deserve to recover.