North Dakota’s motorcycle helmet law states that anyone less than 18 years old who is operating or riding on a motorcycle as a passenger must wear a helmet. In fact, section 39-10.2-06 of the North Dakota Century Code states that no-one under 18 should operate or ride on a motorcycle as a passenger unless they are wearing a safety helmet. The only exclusion to this is when they are a participant in a lawful parade.
The code also goes on to say that if the operator of the motorcycle has to wear a helmet, the passenger does too, regardless of their age. Furthermore, if the passenger does not wear a helmet when the operator of the motorcycle needs to, it is the operator who will receive a traffic citation.
If you are involved in a traffic accident that was another driver’s fault. Any personal injury claim you make could be affected if you were not wearing a motorcycle helmet. This is because the state of North Dakota uses a comparative fault rule. This rule is typically used in a personal injury case when the plaintiff (The injured person) is thought to be partly responsible for their injuries.
This means that if you failed to wear a helmet and the jury decide you were acting negligently, your negligence could reduce the amount of compensation you receive. Your compensation will be reduced by the amount of fault that the jury assigns you.
If you are currently suffering from a personal injury and are unable to read ‘North Dakota’s Motorcycle Helmet Law’ please watch our Injury Pedia video so you can gain the Personal Injury Information and Answers you are seeking.