If you’ve been involved in a motorcycle or bicycle accident in Georgia and weren’t wearing a helmet, you may be wondering if you still have the right to sue. It’s a common concern, especially in a state like Georgia, where helmet laws are strict for motorcyclists but not always well understood. The good news? Not wearing a helmet does not automatically prevent you from filing a personal injury lawsuit—but it can impact your case.
Understanding your legal rights is the first step toward protecting them. This article explains how Georgia law views helmet use in accidents and what to expect if you're considering legal action.
Georgia Helmet Laws: What the Law Actually Says
In Georgia, helmet use is required by law for motorcyclists and passengers. According to O.C.G.A. § 40-6-315, all motorcycle riders must wear a U.S. DOT-compliant helmet. The law also applies to mopeds and some low-power scooters. Not wearing one is considered a traffic offense and could result in a fine.
For bicyclists, helmet laws are different. Georgia law only requires helmets for riders under the age of 16. Adults are encouraged to wear helmets but are not legally obligated to do so. This distinction becomes important when evaluating liability in a crash.
Can You Still Sue if You Were Not Wearing a Helmet?
Yes, you can. Georgia law does not bar you from filing a personal injury lawsuit if you were not wearing a helmet at the time of the crash. However, your compensation could be reduced under the state’s modified comparative negligence rule.
Under Georgia’s comparative fault system:
You can recover damages as long as you were less than 50% at fault for the accident.
Your compensation may be reduced in proportion to your share of fault.
For example, if a jury awards you $100,000 in damages but finds you 20% responsible for your injuries because you weren’t wearing a helmet, you would receive $80,000.
How Not Wearing a Helmet Might Affect Your Case
Injury cases are all about evidence. Not wearing a helmet may become a factor if the defendant (usually the driver who hit you) or their insurance company argues that your injuries were worsened by your failure to wear proper safety gear.
Here’s how helmet use might come into play:
For head or facial injuries: The defense may argue that those injuries could have been avoided or minimized with a helmet.
For non-head injuries: Helmet use likely has no bearing and cannot be reasonably tied to the severity of other injuries (e.g., broken bones, spinal injuries).
Ultimately, the court will weigh medical expert opinions, crash reports, and other evidence to determine whether helmet use would have made a meaningful difference in your outcome.
What You Can Do to Strengthen Your Case
Whether or not you wore a helmet, there are steps you can take to protect your legal rights and improve your chances of recovering compensation:
- Seek immediate medical attention and follow through with all treatments
- Document everything—take photos, get the police report, and save all medical bills
- Avoid giving recorded statements to insurance adjusters without legal guidance
- Don’t post about the accident on social media
- Speak with a qualified injury attorney as soon as possible
When to Call a Motorcycle or Bicycle Accident Lawyer
If you’ve been injured in an accident, especially if the crash involved another vehicle, it’s critical to understand how Georgia’s laws apply to your specific case. At Hall & Collins Accident & Injury Lawyers, LLC, we’ve handled many cases where helmet use—or the lack of it—was a key issue. Our team can assess your level of liability, gather the medical and crash evidence needed, and stand up to insurance companies that try to blame you unfairly.
Here’s what we help clients with:
- Investigating the cause of the crash
- Gathering expert testimony about helmet impact and injury causation
- Negotiating with insurers to pursue full compensation
- Filing a lawsuit when necessary to protect your rights
Whether you're facing high medical bills, time off work, or long-term recovery, knowing you still have legal options—even without a helmet—can be empowering.
Your Rights Matter—With or Without a Helmet
The law is clear: you still have the right to seek justice and financial recovery, even if you weren’t wearing a helmet. While it may affect certain parts of your case, it does not disqualify you from pursuing a claim. The most important step is reaching out for the right guidance—especially before talking to an insurance adjuster or signing anything.
If you or someone you care about has been hurt in a Georgia motorcycle or bicycle accident, contact Hall & Collins Accident & Injury Lawyers, LLC at (706) 940-7889. We offer free, no-obligation consultations—and you don’t pay unless we win your case. Let us help you protect your rights and pursue the compensation you deserve.