If you are under 18 years of age and you wish to ride a motorcycle in Montana you will need to wear a motorcycle helmet. If you are traveling on a motorcycle as a passenger in Montana and you are less than 18 years of age you have to wear a helmet.
More specifically, you will need to wear a helmet that meets or even beats the standards that have been set out by Montana’s Department of Justice.
You are likely to receive a traffic violation if you are not wearing a helmet. What’s more is if your passenger is less than 18 years of age and they are not wearing a helmet, again, you could receive a traffic violation.
If you fail to wear a motorcycle helmet and you are involved in a motorcycle accident, any personal injury case you bring about could not be as satisfactory as you’d hoped. This is the case even if you were not at-fault for the accident. It’s also the case if you’re over 18 years of age and you were not wearing a helmet. This is because the court is likely to consider that a reasonable person would have worn a helmet.
Now let’s imagine that you sustained head injuries in your accident and you wish to claim compensation for them. Under the comparative negligence rule that the state of Montana uses, any settlement you are likely to receive could be affected. This is because the jury or judge will assign you a portion of fault. This portion of fault will directly affect your compensation. This means that if you were found to be 30% at-fault for your injuries, you will lose 30% of your compensation. So, if you would have received $40,000 compensation, for example, the fact that you were not wearing a helmet would mean you’d receive 30% less ($28,000).
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