Minnesota personal injury attorney Paul Peterson discusses how in Minnesota a person injured in a motorcycle accident that was not wearing a helmet can still sue.
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Once we get in the law, it varies from state to state and I’ll use Minnesota as an example. In Minnesota, there is no legal requirement to wear a helmet and because there’s no legal requirement to wear a helmet and given our comparative false statute there’s no ability for the defense to raise as a defense the fact that you weren’t wearing a helmet. So the answer is yes, you can bring a claim in most states and it will often at most involve whether or not there’s imperative fault involved there. And the other interesting thing about helmets is many injuries to the brain can occur even if someone is wearing a helmet as football player’s lives have demonstrated. So it’s the fact of whether or not you’re wearing a helmet is just one factor you should not exclude yourself from pursuing legal advice just because you weren’t wearing a helmet.