Wearing a Helmet: Does It Affect Your Injury Claim?

Advice for motorbike & bicycle riders from a Queensland personal injury lawyer

If you’re in a bike or motorbike accident and you weren’t wearing a helmet, the first thing that runs through your head might be:

❓ “Am I still allowed to make a claim?” ❓ “Will I get less money?” ❓ “Is it all my fault?”

Let’s break this down simply — no legal fluff, just the facts — so you know exactly how helmet use affects personal injury claims in Queensland 👇

🚨 First: Do You Have to Wear a Helmet in Queensland?

✅ Yes.

In QLD, it's legally required to wear a helmet when:

• 🚴 Riding a bicycle

• 🏍️ Riding a motorbike, moped, or scooter

• 🛵 Riding an e-scooter or e-bike

If you're not wearing one during a crash, you're breaking the law.

⚖️ Does Not Wearing a Helmet Affect Your Injury Claim?

Here’s the key legal concept:

🧠 Contributory negligence.

This means:

• If you were partly at fault (e.g. not wearing a helmet),

• Your compensation can be reduced — even if someone else caused the accident.

So YES, not wearing a helmet can hurt your claim, but it doesn't block you from making one.

🤕 How Much Will It Reduce My Compensation?

There’s no fixed number, but usually:

• Minor injuries with no helmet = 10–25% deduction

• Serious head injuries = up to 50% deduction or more

⚖️ The court will ask: Would the injury have been less severe if a helmet was worn?

If the answer is yes → your payout may be reduced.

🧠 Real Example (Queensland Case):

A cyclist was hit by a turning vehicle and suffered a skull fracture. They weren’t wearing a helmet. The court found the driver mostly at fault — but the rider’s payout was reduced by 25% due to not wearing a helmet.

✅ What If I Was Wearing a Helmet?

Great! That actually strengthens your personal injury claim because:

• You followed the law 🚦

• You took reasonable care for your safety 🛡️

• The insurer can’t blame you for making your injuries worse

✅ It shows you were not negligent, making it easier to claim for:

• Medical bills

• Lost wages

• Pain & suffering

• Long-term recovery costs

🚫 What If My Helmet Was Faulty or Came Off?

You may still have a claim. In some cases:

• The helmet was poorly manufactured (defect)

• The strap snapped during the crash

• The impact was so intense that no helmet would have helped

These situations may reduce the blame you carry, depending on the evidence and expert reports.

📋 What Should I Do After a Crash (Helmet or Not)?

🧾 Step	✅ Why It Matters
See a doctor immediately	Medical proof = stronger claim
Take photos of injuries + helmet	Shows severity + protects you legally
Report the crash (to police or insurer)	Required for legal process
Keep the helmet	It may be needed as evidence
Talk to a personal injury lawyer	They'll defend your right to claim

🧑‍⚖️ Do I Still Need a Lawyer If I Wasn’t Wearing a Helmet?

Absolutely. These claims are harder — but not impossible.

A personal injury lawyer can help you:

• Reduce the percentage of “blame” pinned on you

• Prove the other party was still mostly responsible

• Protect your payout from being unfairly reduced

• Work on a No Win, No Fee basis

💬 You only pay if you win — and a lawyer can often recover far more than you'd get on your own.

Does Not Wearing a Helmet Affect Your Claim?

❓ Question	✅ Answer
Can I still make a claim?	Yes
Will I get less money?	Possibly, yes
Is it all my fault?	Not necessarily
Should I talk to a lawyer?	100% yes
Does wearing a helmet help?	Yes — it protects you legally and physically