Many motorcycle fatalities involve riders who were not wearing helmets, especially in states that do not have laws requiring helmet use. In fact, the Centers for Disease Control and Prevention (CDC) has noted that helmeted motorcyclists are 69% less likely to suffer head injuries than those without helmets. In states with universal helmet laws, the fatality rate is much lower, highlighting how crucial helmets are in preventing traumatic brain injuries and saving lives
One of the first concerns for an injured party is whether they can recover damages for their injuries when they get involved in an accident.
According to personal injury attorney Kristin Hobbs, your ability to seek compensation depends on state laws, the type of accident, and the extent to which your injuries were affected by the absence of a helmet.
The laws regarding how wearing a helmet affects a claim vary by state. What does a person need to defend themselves against claims of negligence?
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Understanding Helmet Laws by State
Knowing the helmet laws of your state is important when riding, as these things have a big impact on whether you’d be able to recover damages following an accident.
Regardless of age or experience, everyone is expected to wear helmets in some states, like New Mexico’s motorcycle helmet law. Different places categorize their helmet laws into three types: full helmet laws, partial helmet laws, and no helmet laws at all.
In those states that require a rider to wear a helmet, it is likely to be painful to evolve your case if you were not wearing one when the accident occurred.
There might be additional legal avenues available for you to pursue against the party at fault, even if you were not wearing a helmet. Understanding and following state law demands is a must.
Being informed about these laws can help you stay safe and make it through another day. Such knowledge will also help you avoid any legal hassles that might come up because of unfortunate errors in the future. Safety and staying informed should be your top priorities.
The Role of Comparative Negligence in Motorcycle Accidents
Your motorcycle accident injuries are not just the other driver’s fault but may involve your comparative negligence.
This rule means you and the other party share some responsibility for the incident. This situation might reduce any recovery that you were expecting from the defendant’s insurance.
For example, if you’re seeking $100,000 in compensation, you could receive $80,000 instead. Knowing how this rule is applied in your case is necessary, as it could either uproot or firm up the line between possible recovery and strategies commonly employed in legal litigation and negotiation.
You would now want to seek counsel to assist you in settling the agreement.
How Not Wearing a Helmet Affects Your Claim
In every aspect of the law, not wearing the helmet during a motorcycle accident has become necessary to your claim for personal injury.
The insurance company might argue that wearing a helmet during the bike accident would have lessened your injuries. Because of this, they could say that the amount you receive as compensation should be lower. They may also claim that not wearing a helmet shows a lack of caution, which could affect how much sympathy you get as a victim.
Failure to wear a helmet could put you in a difficult situation. They might say that your injuries are worse because you weren’t wearing one, which means you’re now facing high medical bills, and that affects your total compensation.
Potential Defenses Insurance Companies May Use
Insurance companies can use various arguments to reduce their responsibility in motorcycle accident cases, especially if you weren’t wearing a helmet.
One common defense is comparative negligence, which claims that the plaintiff’s decision not to wear a helmet was a substantial factor in causing bodily injuries.
Another defense could be that the victim accepted the risk by riding without safety gear, meaning they played a part in the accident. They might argue that if you had worn a helmet, your injuries wouldn’t have been as serious and that the lack of one affected the compensation you should receive.
They might use your riding history or previous accident claims to support their accusations against you. Understanding this information will help you prepare a defense to get your rightful claims paid.
Steps to Take After a Motorcycle Accident Without a Helmet
It’s important to act quickly to protect your health and legal rights if you’re in an accident, especially if you don’t wear a helmet.
You should immediately seek medical attention even if you feel that there are no serious injuries to heal. You may be suffering from severe internal injuries; the sooner you seek treatment, the better.
Take photos of the crash site, get witness names, and write down traffic, weather, and other accident details. Immediately contact local police (after your medical care) and establish a police crash report.
Inform your insurance company. Be wary of speaking about anything in any way so as not to undermine your case.
So, if you’re not wearing a helmet, it’s a beneficial idea to find an experienced motorcycle attorney to get advice on handling your case.
Conclusion
While recovering compensation after a motorcycle accident without a helmet can be more challenging, it’s still possible. With the right legal guidance, you can navigate state laws, negotiate effectively with insurance companies, and pursue a fair settlement. If you fall into this category, don’t hesitate to talk to a lawyer who will help clarify whatever gray areas in your case. Know your rights and options, as they will greatly affect your compensation.
