Partner at AKD Lawyers
Practice Areas: Personal Injury
If you ride a motorcycle in Louisiana, you already know a helmet can save your life. But here’s something many riders don’t realize: it can also make a big difference in what happens after an accident, especially if you’re trying to recover compensation for your injuries.
Louisiana has strict helmet laws, and whether or not you were wearing one at the time of a crash can directly impact your personal injury claim. Even if the other driver was at fault, not wearing a helmet might reduce the amount you’re able to recover.
In this blog, we’ll break down how Louisiana’s helmet law works, how it affects your right to compensation after an accident, and what to know if you weren’t wearing a helmet at the time of your crash.
Louisiana Helmet Law: What You Need to Know
If you ride a motorcycle in Louisiana, you are legally required to wear a helmet. This applies to both riders and passengers, regardless of age, experience, or distance of travel.
According to Louisiana Revised Statutes § 32:190, helmets must be worn at all times while operating or riding a motorcycle. The law also requires that helmets meet specific safety standards, such as DOT (Department of Transportation) certification.
Louisiana law mandates that all motorcyclists and passengers wear helmets that meet DOT standards
This law is meant to reduce the number of serious head injuries in motorcycle crashes.
Louisiana has seen an increase in motorcycle accidents over the years, and many of those injuries involve trauma to the head. Helmets help lower the risk of death and reduce the severity of injuries.
What Changed in Louisiana Helmet Law in 2024?
As of the latest update in 2024, the helmet law continues to require all motorcycle operators and their passengers to wear helmets. While no significant changes were made to the law’s wording, enforcement has become more visible, especially in urban areas and along major highways.
Law enforcement officers now regularly conduct safety checks and issue citations to those who don’t comply with helmet laws. These citations can come with fines and penalties, but more critically, not wearing a helmet can impact the outcome of an injury claim if you’re involved in a crash.
According to the CDC, helmets reduce the risk of death by 37% and head injury by 69%.
These numbers show why the law exists—and why courts take helmet use seriously during personal injury lawsuits.
How Helmet Use Affects Motorcycle Accident Claims in Louisiana
Wearing a helmet isn’t just about staying safe. In Louisiana, it can also affect how much compensation you receive after a motorcycle accident. That’s because Louisiana follows a rule called comparative negligence.
What is Comparative Negligence?
Under Louisiana Civil Code Article 2323, comparative negligence means that if you were partly at fault for your injuries, your compensation could be reduced. This doesn’t mean you lose your right to file a claim—but it does mean you may receive less money if it’s found that not wearing a helmet made your injuries worse.
Under Louisiana’s comparative negligence law (La. Civ. Code Art. 2323), a rider’s compensation can be reduced in proportion to their fault, including the decision not to wear a helmet.
Let’s say you get into an accident and suffer a head injury. If you weren’t wearing a helmet, the other side might argue that your injury wouldn’t have been as bad if you had followed the law. If the court agrees, your compensation might be reduced based on how much your decision contributed to the injury.
This rule applies even if another driver caused the accident.
Common Scenarios and Claim Outcomes
To understand how this plays out in real life, here’s a look at how compensation might change depending on whether or not the motorcyclist was wearing a helmet at the time of the crash.
Impact of Helmet Use on Injury Claims and Compensation
| Helmet Use at Time of Accident | Likely Injury Severity | Impact on Compensation | Notes |
| Yes | Lower | Full or near-full | Strong claim, full recovery possible |
| No | Higher (esp. head) | Reduced (comparative fault) | May affect claim value, not eligibility |
| Partial helmet compliance | – | – | – |
This table shows how vital helmet use can be, not only for protecting your health but also for strengthening your legal position after a crash.
Clearing Up Common Misconceptions
There are many myths about helmet laws and motorcycle accident claims in Louisiana. Let’s set the record straight.
Myth: I can’t file a claim if I wasn’t wearing a helmet.
That’s not true. Even if you weren’t wearing a helmet, you can still pursue a personal injury claim. What changes is how much compensation you might receive. Courts consider many factors in a claim—not just helmet use.
Myth: If I wear a helmet, I’m guaranteed full compensation.
This is also not true. Wearing a helmet helps, but it’s only one part of the case. The court will still look at who caused the accident, the type of injuries, and how the crash happened.
Not wearing a helmet does not bar your right to seek compensation — but it can impact how much you recover.
Your best approach is always to wear a helmet and follow the law—but even if you didn’t, it’s still worth speaking to a lawyer about your options.
Why Legal Help Matters—Especially If You Didn’t Wear a Helmet
If you’ve been in a motorcycle accident in Louisiana and weren’t wearing a helmet, things can get complicated quickly. Insurance companies will likely try to reduce the amount they pay by arguing that you contributed to your injuries.
An experienced attorney can help gather evidence, work with medical experts, and build a case that shows the actual cause of your injuries. They can also help reduce how much fault is assigned to you—so your compensation stays as high as possible.
This is especially important if you suffer head injuries or long-term damage. A legal team can help you get the medical documentation and expert opinions needed to support your claim, even if you aren’t fully compliant with helmet laws.
Frequently Asked Questions
Does Louisiana require all motorcyclists to wear helmets?
Yes. Louisiana law requires all riders and passengers to wear helmets that meet DOT safety standards. This applies regardless of age or driving experience.
Can I file a motorcycle accident claim if I wasn’t wearing a helmet?
Yes, you still have the right to file a claim. However, your compensation may be reduced under comparative fault rules if not wearing a helmet worsens your injuries.
How does not wearing a helmet affect my claim in Louisiana?
If a helmet could have prevented your head injury, a judge may reduce your compensation. The court will decide what percentage of fault belongs to you.
Does wearing a helmet guarantee full compensation in an accident claim?
Not always. Helmet use helps your case, but the final compensation depends on other factors, like who caused the crash and how severe the injuries are.
Can I receive compensation for a head injury if I wasn’t wearing a helmet?
Yes. Even without a helmet, you may still recover damages. The key is proving that your injuries were caused by the crash and not entirely your actions.
What if the accident wasn’t my fault, but I didn’t wear a helmet?
Even if you weren’t at fault for the crash, the other side might argue you made your injuries worse. This can reduce how much money you receive.
Conclusion: What Riders in Louisiana Should Know
Helmet laws in Louisiana do more than promote safety—they can directly impact your motorcycle accident claim. Wearing a helmet not only protects you on the road but can also protect your right to full compensation if you’re injured. Still, even if you weren’t wearing one, it doesn’t mean your claim is over. Thanks to Louisiana’s comparative negligence law, you may still be entitled to damages.
Navigating these laws after an accident can be overwhelming, especially when insurance companies try to use helmet use against you. That’s where the right legal team makes all the difference.
If you’ve been injured in a motorcycle accident, helmet or not, the attorneys at AKD Alvendia, Kelly & Demarest are here to help. We understand the nuances of Louisiana’s laws and will fight to make sure your story is heard and your rights are protected.
Don’t guess your way through a legal battle. Let us help you move forward—reach out today for a free, no-obligation consultation.
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In 2003, after being dissatisfied with the quality of legal care for victims of car accidents, Roderick ‘Rico’ Alvendia sought to establish a new firm focused on providing high-quality legal services to aid injured victims and their families. J. Bart Kelly, sharing Rico’s passion for upholding justice, joined the firm later that year, and established a partnership.
