How a Motorcycle Accident Lawyer Uses Your Gear to Strengthen Your Claim
An experienced motorcycle accident lawyer knows the kit (PPE) you were wearing plays a big role in your injury claim. Helmets, jackets, gloves, and your boots are more than safety equipment. Protective gear can be a key piece of evidence shaping how insurance companies and courts view your case. At Brady Law, we've seen firsthand how protective gear affects outcomes, and we’re here to help you understand why it matters.
Protective Gear Isn’t Just About Safety—It’s About Evidence
When someone is hurt in a motorcycle accident, one of the first things we look at is how the injuries happened—and if they could’ve been prevented. Insurance companies do this too, but not to help you. They’re trying to prove you were careless so they can reduce what they owe you.
Let’s say you were wearing a DOT-approved helmet, a padded jacket, and reinforced riding boots. That shows you were taking steps to protect yourself. If you still ended up seriously injured, it becomes harder for the insurance company to argue that the damage was your fault. A good motorcycle accident lawyer will point that out—and use it to make your case stronger.
How Protective Gear Affects Perception and Payouts
Wearing protective gear won’t change the fact that you were hurt in an accident, but it can change how your story is told in court. Insurance adjusters and juries are more sympathetic to riders who were clearly trying to protect themselves. You’re seen as responsible, and that translates into better settlement offers or verdicts.
And what if you weren’t wearing all the “right” gear? That doesn’t mean your case is doomed. A motorcycle accident attorney can help explain your choices in a way that makes sense. Maybe it was a short ride. Maybe it was 100 degrees that day. Context matters, and we know how to tell the full story.
A Real Example from the Brady Law Files
Years ago, we helped a client who was hit while riding to work. He was wearing a helmet and gloves, but skipped his riding jacket that day because it was summer and it was hot outside. The insurance company tried to argue that his shoulder injuries wouldn’t have happened if he’d been wearing full gear. We brought in a medical expert who explained the force of the impact would’ve caused the same injury, jacket or not. We won the case and a full-value settlement—no deductions for missing a jacket.
It’s not about being perfect. It’s about having someone on your side who knows how to explain the whole picture.
How a Motorcycle Accident Lawyer Can Push Back on Blame
Even in no-fault states like Massachusetts, blame still matters when it comes to the size of your settlement. Insurance companies love to throw around words like “contributory negligence,” hoping they can reduce their payout by claiming you made your injuries worse.
That’s why you need an experienced motorcycle accident lawyer who understands how to clap back at the insurance companies. They need to look closely at the medical record and the police report. They should be talking to gear experts, mechanics, or, in some cases, using crash reconstruction tools to show what really happened. Right or wrong, insurers will point fingers just to save themselves money.
The Truth About Comparative Negligence in Massachusetts
Under Massachusetts law, if you’re found to be more than 50% at fault for an accident, you can’t recover damages. But if you’re 50% or less at fault, you can still get compensation, just reduced by your percentage of fault.
So let’s say you were riding a little fast, but the driver turned left in front of you. You might be assigned 20% fault. That means you can still recover 80% of your damages. A motorcycle accident attorney can help minimize how much blame sticks to you. That way, you get the compensation you need to physically recover and recoup your losses.
Why You Should Talk to a Motorcycle Accident Lawyer After a Crash
It’s not just about filing paperwork. A good motorcycle accident lawyer helps you:
Gather and preserve gear and other physical evidence
Deal with pushy insurance companies trying to twist your story
Calculate the true cost of your injuries—now and in the future
Line up expert witnesses if needed
At Brady Law, we’ve been doing this for decades. We’ve seen how cases fall apart when people wait too long or try to go it alone. You don’t have to.
Do You Have to Save Your Gear After a Crash?
Yes—if it’s safe to do so, keep your helmet, jacket, gloves, and boots. Even if they’re damaged, they are visual proof of what you went through. Take pictures, too. If emergency responders cut your gear off, ask the hospital if it’s been saved. Your family, your bank account, and your motorcycle accident lawyer will thank you.
Motorcycle Accident Case Frequently Asked Questions
Q - Can I still file a claim if I wasn’t wearing all my gear?
A - Yes. Massachusetts law still protects injured riders who aren’t fully kitted out. Not wearing full gear might affect how the insurance company values your case, but it doesn’t automatically disqualify you.
Q -What if my helmet was damaged in the crash?
A - That could actually help your case. A cracked helmet shows how intense the impact was—and that you took steps to protect yourself.
Q - Does Massachusetts require helmets by law?
A - Yes, all motorcycle riders and passengers are required to wear helmets approved by the Department of Transportation (DOT).
Q - How soon should I contact a motorcycle accident attorney after a crash?
A - As soon as you can. Evidence can disappear fast, and the sooner your attorney gets involved, the better they can preserve and use that evidence.
Q - What if the insurance company blames me for not wearing gear?
A - A good motorcycle accident lawyer knows how to push back with medical experts, crash analysis, and facts that support your side of the story.
When the Gear Isn’t Enough, the Right Lawyer Is
Motorcycle accidents aren’t like other personal injury cases. There’s more bias, more complexity, and the injuries are often more serious. The gear you wore helps tell the story, but it’s not the whole story. That’s where we come in.
If you’ve been in a motorcycle crash, don’t let a missing jacket or scuffed helmet be used against you. Reach out for a free case evaluation. We’ll make sure your case gets the honest look it deserves—because protecting your rights is what we do best.
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Disclaimer: This blog article is for informational purposes only and should not be considered a substitute for formal legal advice from Attorneys Jim and Steve Brady and Associates P.C. Please consult a qualified professional for personalized advice tailored to your needs.