Motorcycle riders in Hawaiʻi enjoy some of the most stunning roads in the country. From Oʻahu’s scenic coastlines to the winding mountain routes across the islands, riding is more than just a way to get around. It is a lifestyle. But with that freedom comes responsibility, and understanding Hawaiʻi’s helmet laws is an important part of staying safe on the road.
If you were involved in a motorcycle accident in Honolulu or anywhere in Hawaiʻi, you may be wondering whether helmet use can impact your injury claim. The answer depends on several factors, including your age, the type of injuries you suffered, and how insurance companies or courts interpret the evidence.
This guide explains Hawaiʻi’s helmet laws, what happens legally when a rider is not wearing one, and how a Honolulu motorcycle accident lawyer at Potts and Potts can help protect your rights after a crash.
Does Hawaiʻi Require Motorcycle Riders To Wear Helmets?
Hawaiʻi law requires helmets for motorcycle and moped riders who are 17 years old or younger. Riders and passengers who are 18 and older are not legally required to wear a helmet. Even though adults are not required to wear helmets, choosing to ride with protective gear remains one of the most effective ways to reduce the risk of head injuries.
Motorcycle safety researchers and national organizations repeatedly emphasize how effective helmets are. Data from the Centers for Disease Control and Prevention shows that helmets significantly reduce the risk of head injuries and can greatly decrease the likelihood of fatal trauma in a motorcycle crash.
Although Hawaiʻi gives adult riders a choice, understanding the legal consequences of that choice becomes important if you are ever involved in a collision.
Can Not Wearing A Helmet Hurt My Motorcycle Accident Claim?
Even though adults are not legally required to wear helmets, not wearing one can still affect your personal injury claim. Insurance companies often attempt to use the lack of a helmet as an argument to reduce compensation, even when the rider’s injuries have nothing to do with their head or neck.
Hawaiʻi follows a legal rule known as modified comparative negligence. This law means that your compensation can be reduced if you are found partially at fault for your injuries. If an insurance company argues that your head injury would have been less severe had you worn a helmet, they may try to reduce the amount they owe.
When Not Wearing A Helmet May Matter
Not wearing a helmet may impact your claim if:
- You suffered a head injury, traumatic brain injury, or concussion
- Your medical records indicate trauma to the skull, face, or brain
- The insurance company can argue your injuries were worsened due to lack of head protection
When Not Wearing A Helmet Usually Does Not Matter
Helmet use typically does not impact your claim if you suffered injuries unrelated to the head or neck, such as:
- Broken bones or fractures in the arms or legs
- Chest injuries or internal injuries
- Road rash, lacerations, or contusions
- Back or spinal injuries that stem from the force of impact
In these situations, your attorney can present medical evidence showing that your injuries would have occurred regardless of helmet use. This is one of the key reasons to speak with a knowledgeable motorcycle accident lawyer early in the process.
How Insurance Companies Use Helmet Arguments Against Riders
Even though adult riders are within their legal rights to ride without a helmet in Hawaiʻi, insurance companies are known to use the helmet issue to deny or reduce payouts. Adjusters may claim that you contributed to your injuries or that the accident would have been less severe if you wore a helmet.
This tactic is especially common in cases involving head trauma or loss of consciousness. Studies referenced by organizations such as the Insurance Institute for Highway Safety highlight how helmets can lessen the severity of head injuries. Insurers frequently rely on this type of research in an attempt to shift blame onto the rider.
A skilled attorney can counter these arguments by presenting evidence on how the crash occurred, the forces involved, and which injuries are unrelated to helmet use. Without legal representation, riders often find themselves pressured into unfair settlements.
Understanding Your Rights Under Hawaiʻi’s Comparative Negligence Law
Under Hawaiʻi’s comparative negligence system, you can still recover compensation even if you are found partially at fault, as long as your percentage of fault is not greater than the party you are filing a claim against.
Here is how it works:
- You can recover compensation if you are 49 percent or less at fault.
- Your compensation is reduced by your percentage of fault.
- If you are found 50 percent or more at fault, you cannot recover compensation.
Because the insurance company may try to use the absence of a helmet as evidence of negligence, having strong legal representation can make a major difference in the outcome of your case.
How A Lawyer Can Protect Your Claim Even If You Were Not Wearing A Helmet
If you were not wearing a helmet at the time of the crash, the insurance company may attempt to undermine your claim. A Honolulu motorcycle accident lawyer at Potts and Potts can investigate the collision, gather evidence, and demonstrate that the primary cause of your injuries was the negligent driver, not your choice regarding helmet use.
Your attorney can also:
- Obtain the police report, photographs, and witness statements
- Review your medical records to connect your injuries to the actual mechanics of the crash
- Work with medical experts to dispute unfair helmet-related arguments
- Calculate the full value of your case, including future medical care and lost income
- Negotiate aggressively with insurers who try to reduce your claim
- File a lawsuit if the insurance company refuses to be reasonable
Helmet or not, negligent drivers should be held accountable for the harm they cause. A lawyer who understands Hawaiʻi personal injury law and the strategies insurers use can help ensure your rights are protected.
What To Do After A Motorcycle Accident In Hawaiʻi
After a crash, taking the right steps can strengthen your claim and protect your health. Here is what you should do as soon as possible:
- Call 911 so police and medical personnel can respond.
- Seek medical attention even if you feel fine.
- Exchange contact and insurance information with the other driver.
- Take photos and videos of the scene, your injuries, and the damage.
- Collect contact information for witnesses.
- Avoid discussing fault at the scene or with the insurance company.
- Contact a lawyer before giving any recorded statements to the insurer.
Early legal guidance helps preserve evidence and prevents missteps that insurance companies could use against you later.
How Potts and Potts Supports Injured Riders
At Potts and Potts, we understand how confusing the aftermath of a motorcycle accident can be. Injured riders often face painful recovery, missed work, and pressure from insurance companies. Our firm is committed to giving you practical guidance, compassionate support, and strong advocacy.
To learn more about how we help injured riders, visit our page on Honolulu motorcycle and car accident representation. You can also learn more about the attorney who may handle your case by reviewing Attorney Trevor Potts’s background and experience.
If you want a broader understanding of our practice, resources, and commitment to the community, you can explore our firm’s main website.
Talk To A Honolulu Motorcycle Accident Lawyer Today
If you or a loved one has been injured in a motorcycle accident in Hawaiʻi, you should not face the insurance company alone. Whether you were wearing a helmet or not, you have rights and options. A Honolulu motorcycle accident lawyer at Potts and Potts can help you understand your next steps and fight for the compensation you deserve.
Contact the firm today to schedule a consultation and learn how we can support you through every stage of your recovery and claim process.