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