Bicycle accidents in Massachusetts can result in serious injuries, with victims often pursuing compensation through personal injury claims. One factor that can complicate these claims is helmet use—or lack thereof. While Massachusetts law mandates helmet use only for riders under 17, insurance companies and defense attorneys may still attempt to use the absence of a helmet to reduce liability or damages. So how much impact does this really have on a claim?

Massachusetts Bicycle Helmet Laws and Their Scope

Massachusetts General Laws Chapter 85, Section 11B, requires all bicyclists aged 16 and younger to wear a helmet that meets U.S. Consumer Product Safety Commission standards. The helmet must be fastened securely with straps. For adult riders, helmet use is recommended but not legally required.

This limited scope creates a legal gray area in personal injury cases involving adults. While a child riding without a helmet may be viewed as violating state law, adults are not bound by the same rule. That distinction can influence how fault and comparative negligence are evaluated in court.

How Helmet Use Influences Personal Injury Liability in Massachusetts

Massachusetts follows a modified comparative negligence rule under M.G.L. Chapter 231, Section 85. This means that a plaintiff can recover damages if they are less than 51% at fault for the accident, but their compensation will be reduced by their percentage of fault.

In theory, not wearing a helmet doesn’t directly cause a crash, but defense attorneys may argue that the rider’s injuries were more severe because of that choice. If successful, they can convince a judge or jury to assign partial fault to the injured bicyclist—even if they were legally entitled to ride without a helmet.

Here’s how this might play out:

• A car driver is found to be 80% at fault for hitting a cyclist.
• The cyclist wasn’t wearing a helmet and suffered a traumatic brain injury.
• The defense argues the cyclist’s injuries would have been less severe with a helmet.
• The court assigns 20% fault to the cyclist, reducing their award accordingly.

Helmet Non-Use and the “Avoidable Consequences” Doctrine

Some Massachusetts courts have entertained arguments under the avoidable consequences doctrine, which allows damages to be reduced if the plaintiff could have taken reasonable steps to mitigate injury. Not wearing a helmet may fall under this umbrella, especially in head injury claims. However, this is not a guaranteed outcome. The burden lies with the defense to prove that the absence of a helmet significantly worsened the injury—and that wearing one would have measurably improved the outcome.

This can require expert medical testimony and biomechanical analysis, which increases the complexity of the case. It also means that helmet non-use is less likely to sway a claim unless the injury directly involves the head or neck.

Children, Helmet Laws, and Shared Liability in Massachusetts

When children are involved in bicycle accidents, failure to wear a helmet can have a greater legal impact. Since Massachusetts law requires children under 17 to wear helmets, violating that law can be considered negligence per se—or automatic negligence. However, courts typically weigh the child’s age, maturity, and ability to understand risks.

In such cases, the legal focus often shifts to the child’s guardians. Parents might be seen as partially responsible for failing to ensure their child was properly equipped. While this doesn't necessarily absolve the primary at-fault party (like a negligent driver), it can influence the amount of compensation awarded.

Insurance Company Tactics in Bicycle Injury Claims

Insurance adjusters often look for ways to reduce payouts, and helmet non-use gives them a talking point—even when the law isn’t on their side. They may argue:

• The cyclist assumed the risk of more serious injury.
• Medical expenses are inflated due to head trauma that a helmet might have prevented.
• The cyclist contributed to their own harm through “reckless” behavior.

These arguments are often designed to pressure the injured party into settling for less. Legal representation becomes essential in these cases, especially when insurers try to twist legal ambiguities into hard-line defenses.

Best Practices for Injured Cyclists in Massachusetts

Whether or not a cyclist was wearing a helmet, there are key steps they can take after an accident to protect their legal rights:

• Seek immediate medical attention and keep all records.
• Photograph the scene, including your bike, injuries, and any traffic signals.
• Get witness information and file a police report.
• Do not speak to the at-fault driver’s insurance company without legal counsel.
• Hire a personal injury attorney experienced in bicycle-related claims.

Wearing a helmet remains a smart move—not just for safety but to reduce legal complications in the event of a crash. But even without a helmet, victims still have legal recourse, and their ability to pursue a claim should not be dismissed.

Expert Testimony and Medical Evidence for Bicycle Accident Lawsuits

In many Massachusetts bicycle injury cases, helmet use becomes relevant only when head trauma is involved. At that point, expert testimony can make or break the argument about comparative fault. A medical expert may testify that the injury would have occurred regardless of helmet use, undercutting the defense’s narrative.

In other situations, the absence of medical evidence linking helmet use to the severity of injury can protect the plaintiff from having their damages unfairly reduced. This underscores the importance of a thorough investigation, especially when the legal stakes are high.

Conclusion

In Massachusetts, helmet laws affect personal injury claims primarily through the lens of comparative fault and injury mitigation—not liability for the crash itself. While children are legally required to wear helmets, adults are not. However, in any case involving head trauma, the absence of a helmet can become a focal point for reducing compensation. Skilled legal representation and strong medical evidence are often the best tools for countering these arguments and securing fair compensation.

Injured? The Office of Brandon J. Broderick, Personal Injury Lawyers, Can Help

If the unfortunate happens and you’ve been injured in a bicycle accident, don’t go at it alone. An experienced lawyer can advocate for your best interest and pursue fair compensation for your damages. At Brandon J. Broderick, Attorney at Law, you can count on us to work tirelessly for your quality of life. Our long track record of success has helped people like you move forward after sustaining an injury caused by another’s negligence.

Contact us now for a free legal review.