Can You Get a Head Injury While Wearing a Helmet?

Steven A. Bagen | March 6, 2025 | Motorcycle accident

Helmets are an essential safety measure for motorcyclists and bicyclists, significantly reducing the risk of severe head trauma in accidents. However, a helmet is not an impenetrable shield against all injuries. Many riders who wear helmets can still suffer various head injuries after a crash.

If you suffered an injury in an accident despite using a helmet, it is best to discuss your situation with a skilled personal injury attorney. A motorcycle accident lawyer can review the specifics of your case and determine the best course of action to pursue favorable compensation on your behalf.

Do Helmets Actually Prevent Head Injuries?

Helmets are highly effective in preventing head injuries. They are designed to absorb and distribute the force of an impact, reducing the risk of skull fractures, brain injuries, and concussions. Studies show that wearing a helmet can significantly lower the likelihood of severe head trauma.

The National Highway Safety Administration (NHTSA) reported that, during a 15-year span, more than 25,000 lives were saved by motorcycle helmets. Motorcycle helmets are about 37 percent effective in preventing fatal head injuries for motorcyclists and about 41 percent effective in protecting motorcycle passengers.

Studies show that bicycle helmets are 85 percent to 88 percent effective in avoiding head and brain injuries. Thus, helmet use is the most effective way to reduce head injuries and fatalities in bicycle collisions.

Still, while helmets provide protection, they do not eliminate all risks. Proper fit, design, and usage are necessary for maximum effectiveness. Helmets should always meet safety standards and be replaced if damaged or after a major impact.

The Importance of Helmet Use

It is widely recognized that helmets should be worn by motorcyclists and bicyclists. These individuals should use helmets that meet specific safety standards to receive the most protection from their helmets. The type of helmet a rider uses, and its specifications play an important role in mitigating injury risk.

Motorcycle Helmets

Motorcyclists have a variety of helmets to choose from, including:

• Full-face helmets: These helmets provide the most protection, covering the entire head and face.
• Modular helmets: Modular helmets have a flip-up chin bar and visor, offering versatility but slightly less protection than full-face helmets. 
• Open-face helmets: These helmets cover the top and sides of the head but leave the face exposed.
• Half helmets: Half helmets provide minimal protection, covering only the top portion of the head.

Specifications for motorcycle helmets can include:

• DOT (Department of Transportation) Certification: Ensures the helmet meets federal safety guidelines.
• Snell Certification: A more rigorous standard applied to high-performance helmets.
• ECE (Economic Commission for Europe) Standard: Recognized internationally for stringent testing. 

It is essential to consider the level of protection you’re looking for and the motorcycle helmet laws in your state. Some states require particular types of helmets for motorcycle riders and must meet certain specifications.

Bicycle Helmets

Bicycle riders also have options when choosing helmets, such as:

• Road bike helmets: These helmets are lightweight and aerodynamic, designed for high-speed cycling. 
• Mountain bike helmets: These helmets offer more coverage, particularly at the back of the head.
• Commuter helmets: Helmets that are functional and stylish for city riding. 

Specifications concerning bicycle helmets include:

• CPSC (Consumer Product Safety Commission) Certification: A mandatory U.S. safety standard.
• MIPS (Multi-Directional Impact Protection System): Helps reduce rotational forces during an impact.

While state law isn’t usually as stringent with bicycle helmets, it’s important to consider the type of helmet you need during cycling, as it can make a difference in the level of protection offered.

Can You Still Suffer a Head Injury While Wearing a Helmet?

Despite helmets’ critical protection, they do not make riders immune to head injuries. Several factors contribute to the possibility of injury, including:

• Collision impact: Helmets absorb a significant amount of force, but extreme impacts can still cause brain trauma.
• Rotational forces: Helmets primarily protect against direct impact, but twisting forces can lead to certain injuries, like concussions or diffuse axonal injuries.
• Multiple impacts: A helmet may protect against the initial blow but can be less effective after multiple hits in the same accident.
• Improper helmet fit: A loose or improperly secured helmet can reduce effectiveness, increasing injury risk.
• Old or damaged helmets: Helmets degrade over time and lose their protective qualities, making them less effective in crashes.

Unfortunately, injuries can still happen even with the proper use of a helmet. The severity of an injury depends on these and other details, which can also impact your legal options after an accident.

Common Head Injuries Despite Helmet Use

Head injuries are particularly common in certain types of accidents. Although helmets are recommended and often even required, helmeted riders can still suffer a variety of head and brain injuries, including:

• Concussions: Concussions are some of the most common types of brain injuries and are often caused by sudden acceleration or deceleration, leading to temporary brain dysfunction.
• Skull fractures: Fractures on the skill occur when the impact force exceeds the helmet’s protective capacity.
• Brain contusions: Contusions are bruising of the brain due to direct impact, leading to swelling and potential complications.
• Traumatic brain injuries (TBIs): Ranging in severity, traumatic brain injuries can result in long-term cognitive, physical, and emotional impairments.
• Diffuse axonal injury (DAI): A diffuse axonal injury is a severe condition where brain tissue tears due to rapid movement inside the skull.

Head injuries can cause serious issues in both the short and long term. Depending on the severity of the injury, victims can suffer permanent impairment and face extensive struggles, including memory loss, cognitive issues, seizures, and psychiatric problems.

The lasting impact of a head and brain injury is the most significant reason victims should pursue compensation after suffering a head injury. Having proper compensation helps alleviate financial burdens and ensures you can receive adequate medical care.

Types of Accidents Where Helmets May Not Prevent Injury

While helmets can significantly reduce the seriousness of injuries, they can be much less effective in certain types of crashes, such as:

• High-speed collisions: Even the best helmets cannot fully absorb the force of high-speed crashes.
• Vehicle collisions: Direct impact with a moving vehicle can lead to head trauma despite helmet use.
• Falls from heights: Cyclists and motorcyclists ejected from their bikes at high speeds may suffer injuries from secondary impacts with the ground or objects.
• Multiple impact crashes: Successive hits in an accident reduce the helmet’s protective capabilities, contributing to head injuries.
• Side impacts: Helmets are primarily designed for frontal impacts; side impacts can result in severe rotational injuries.

Because these accidents can be more severe, helmets are not as effective in providing adequate protection against harm. Motorcyclists and bicycle riders are more prone to suffering head and brain injuries, along with other types of injuries.

Legal Recourse for Helmeted Riders Who Suffer Head Injuries

If you suffered a head injury while wearing a helmet, you may have legal options to recover damages, depending on the circumstances.

Insurance Claims

First and foremost, you may begin your pursuit of compensation with an insurance claim. You can file a first-party or third-party claim based on your state’s laws. If you were injured in a motorcycle accident, it’s important to understand Florida Motorcycle Insurance Laws and how they impact your ability to recover compensation.

If your accident occurred in a no-fault state, you can seek compensation through your own personal injury protection (PIP) coverage. On the other hand, if your accident happened in a state that follows a fault-based system, you may have the opportunity to file a claim with the at-fault driver’s insurance.

Filing an insurance claim allows you to pursue certain damages, like medical expenses and lost earnings. However, securing fair compensation from the insurance company can be difficult. You may need to settle with the insurer for a better outcome; if a settlement is not possible, you may need to consider filing a lawsuit.

Lawsuits

When you suffer an injury despite wearing a helmet, you may have the chance to file a personal injury lawsuit. These lawsuits are more common under certain circumstances, like when the insurance company is unwilling to settle your claim fairly, or the at-fault party is uninsured.

Additionally, if the helmet used during the accident was defective in some way or failed to protect you as intended, you can also have a claim for product liability. In a product liability claim, certain parties, including product designers, manufacturers, and retailers, are held responsible for the harm caused by the defective or malfunctioning product.

A personal injury attorney can assist with your case. They can determine whether filing a lawsuit is appropriate, and if so, they can handle the case from beginning to end.

Compensation Available for Head Injuries

If you suffer a head injury in an accident, you deserve just compensation. The damages you’re entitled to depend on the specifics of your case, but can include:

• Medical expenses: Covering emergency care, hospitalization, rehabilitation, and ongoing treatment.
• Lost earnings: Compensation for time off from work due to injuries and potential loss of future earnings. 
• Pain and suffering: Monetary compensation for physical and emotional distress caused by the accident and injuries. 
• Disability: If the injury leads to permanent impairment, victims may be eligible for long-term disability benefits. 

The value of your case is based on several factors, including:

• The severity of your injuries
• The total cost of your medical treatment
• Whether you’ll require medical care in the future
• Whether you’ve had to take time away from work, and if so, how much you’ve lost in earnings and benefits
• Whether you’ll be able to return to work in the same capacity as before
• How your accident and injuries have impacted you mentally and emotionally
• Any other monetary or non-monetary losses suffered from your accident

A personal injury lawyer can analyze these and other influential details to determine how much your case is worth. Knowing the value of your damages is necessary to ensure you get the compensation you’re owed.

Evidence Used in Head Injury Cases

Depending on the circumstances, you may need to utilize certain pieces of evidence to prove the other party’s negligence in your case. Some of the evidence that can help establish fault in a head injury claim include:

• Photos and videos of the accident
• Surveillance or traffic camera footage
• Police reports
• Eyewitness statements
• Medical records

Evidence can substantially strengthen your case. You can rely on your personal injury lawyer to secure evidence and documentation to help prove liability and get you one step closer to obtaining favorable financial recovery.

Also Read: How can motorcycle helmet affect your motorcycle accident case

Why Working with a Personal Injury Attorney is Invaluable

Navigating the legal system after a head injury can be confusing and overwhelming. A personal injury attorney provides critical support by:

• Investigating your accident: Gathering evidence to determine fault and liability. 
• Negotiating with insurance companies: Ensuring fair compensation rather than accepting lowball offers.
• Proving long-term damages: Demonstrating the true extent of injury-related losses, including future medical expenses and diminished quality of life.
• Litigating when necessary: Representing you in court if a fair settlement is not reached. 

Having a seasoned personal injury lawyer on your side can be particularly beneficial in many ways. Not only will you have the time and ability to focus on your physical recovery, but you can also feel confident knowing your case is in the most appropriate hands and you have an advocate fighting for your best interests.

 

After an Accident, Seek Legal Help Right Away

Head injuries can have lifelong consequences, even when a helmet is worn. If you or a loved one suffered a head injury in a bicycle or motorcycle accident, seeking legal help as soon as possible is essential. Whether the head injury occurred during a motor vehicle or bike accident or while participating in sports, you should contact a personal injury lawyer.

A skilled personal injury attorney can ensure you receive the compensation you deserve and help navigate the legal process. Don’t wait to get the legal help you need – remember, there are deadlines to file personal injury claims after a head injury. The longer you wait to hire an attorney, the more difficult it may be to build a strong case. Protect your rights and secure your future by consulting with a legal professional today.