The Iowa Supreme Court in a recent decision ruled that a person cannot be held at fault for failing to wear a motorcycle helmet. In the case the plaintiff was injured, and was not wearing a motorcycle helmet. The defense attorney asserted that plaintiff was comparatively at fault for failing to wear a helmet. The Iowa Supreme Court, after an extensive discussion, ruled that failing to wear a motorcycle helmet cannot be used as a basis to allege fault against an injured plaintiff.
We, at the Beattie Law Firm, however do encourage everyone who rides a motorcycle to wear a motorcycle helmet.