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Should I call the police Can I still file an injury claim if I wasn’t wearing a helmet?


  • By: Jill Weikert & Dean Piermattei
  • Published: February 16, 2023

Yes, you can still file an injury claim if you weren’t wearing a helmet. The helmet laws in PA state that you are not required to wear a motorcycle helmet under the following scenarios:

  • Over 21 years of age who has had their motorcycle license for at least 2 full years.
  • Over 21 years of age who completed a PennDOT/Motorcycle Safety Foundation approved motorcycle rider safety course.
  • Driver or passenger of a 3-wheeled motorcycle with an enclosed cab

It is always a responsible and smart precaution to wear a helmet, however, if you meet the above criteria, the decision to not wear a helmet should not impact your right to recover compensation for the injuries you suffered. It is important to contact a motorcycle accident lawyer because insurance companies may try to place the blame of the accident on you if you were not wearing a helmet even if it had nothing to do with the accident itself

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