Maryland has what is known as a universal motorcycle helmet law. This law states that anyone who is operating or traveling as a passenger on a motorcycle is required to wear a helmet. The helmet should at the very least meet the standards that have been set out by the Maryland Motor Vehicle Administration.
If you fail to wear a helmet in any other state and you are injured in an accident any personal injury case that you bring about is unlikely to be as successful as you’d hoped. This is the case even if it was found that another driver was at-fault. However, in Maryland things are done a little differently. The state of Maryland makes wearing a helmet mandatory for those operating a motorcycle and traveling as a passenger. However, if someone was injured in an accident when they were not wearing a helmet this cannot be used against them in a personal injury case.
Maryland’s law also states that if an individual fails to wear a helmet the court will not consider this to be an act of negligence. Neither will the court see this as contributory negligence. This means that the court will not try to reduce the amount of compensation the injured motorcyclist should receive.
Maryland’s law also goes so far as to say that in a personal injury lawsuit no-one, whether they are a witness, a defendant or an attorney can refer to the helmet. They can only refer to the helmet if the helmet itself was an issue.
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