One of the most common questions we see in Maryland motorcycle accidents is whether the fact that an accident victim was not wearing a helmet at the time of the accident can be used against the accident victim at trial. While states across the nation are split on this question – with some states not yet having arrived at a definitive answer – Maryland courts generally do not allow evidence of helmet non-use to show that the motorcyclist was negligent.
Courts that prevent helmet non-use evidence from being considered at trial understand that the benefits of wearing a helmet are common knowledge, and people are aware that helmets can help save a rider’s life in some circumstances. However, the legal question in Maryland motorcycle accidents is whether the defendant breached a duty of care that he owed to the accident victim, and whether the defendant’s breach of the duty resulted in the accident victim’s injuries. This inquiry does not necessarily require courts to look at whether the motorcyclist was wearing a helmet at the time of the collision.
In fact, several courts have determined that when helmet non-use evidence is presented to a jury, it may have the unintended consequence of essentially requiring a plaintiff to prove that they could not have prevented their own injuries through helmet use. This is not how the law should be applied, so these courts prevent helmet non-use evidence to prevent this unfair result.