A motorcycle crash can leave motorcyclists with excruciating and life-changing injuries.
Fortunately, if someone else was at fault for the accident, you can file a claim with the negligent party’s insurance company to pursue compensation.
If you were injured in a motorcycle wreck but weren’t wearing a helmet, you might wonder if the insurance company can deny your claim or try to have your settlement reduced.
That’s why all motorcycle accident victims must work with a motorcycle accident attorney.
You can still recover compensation even if you weren’t wearing a helmet, but winning your insurance claim might be a little more complicated.
- Helmet Usage And Fault In A Motorcycle Injury Claim
- What If I Didn’t Have A Head Injury?
- Risk Assumption for a Motorcyclist Who Isn’t Wearing a Helmet
- When State Law Mandates Helmets
- What Compensation Can I Receive In A No-Helmet Motorcycle Accident Claim?
- How Will A Lawyer Help With Your Motorcycle Accident Claim?
- Let Us Go To War For You!
Helmet Usage And Fault In A Motorcycle Injury Claim
Fault in a motorcycle accident claim will depend largely on the state where the accident occurred.
For example, some states follow comparative negligence laws.
This law says that you can still recover money after an accident if you were less than 51% at fault for the crash.
If you didn’t have a helmet on at the time of the crash and sustained a head injury, the insurer may argue that you were partly at fault for your wounds.
Whether or not your state requires riders 18 and older to wear a helmet is irrelevant.
To lessen their culpability, the insurance or the other party’s attorney will claim that your actions were careless and will try to assign some of the blame to you.
If you are deemed partially at fault because you weren’t wearing a helmet, comparative negligence means your settlement will reflect your percentage of fault.
What If I Didn’t Have A Head Injury?
The absence of a helmet shouldn’t affect liability if you don’t sustain head or neck injuries.
The fact that you weren’t wearing a helmet would not have made a difference if you suffered severe injuries like leg or back injury.
The insurance company cannot attribute these injuries to helmet use.
So helmet use is technically irrelevant in this case.
But the insurance company will still try to use it against you even if it didn’t affect your injuries.
The medical evidence supporting your claim and demonstrating that wearing a helmet had no bearing on your injuries must be presented by your personal injury attorney.
Risk Assumption for a Motorcyclist Who Isn’t Wearing a Helmet
Another defense put forth by the insurance provider is that by deciding to ride a motorcycle without a helmet, you “assumed the risk” of suffering a catastrophic injury.
However, a motorcyclist’s choice to travel without a helmet does not imply that other drivers are released from their obligation to drive reasonably.
When State Law Mandates Helmets
Some states require helmets, and violating that law could be seen as negligence.
This might restrict or prevent legal action against other reckless drivers.
Contributory negligence of the injured party is a defense to financial liability in several states for personal injury claims.
If the at-fault driver can show that the motorcycle rider was also negligent, they won’t have to pay as much in a settlement.
Most states follow the less-harsh comparative negligence rule.
So if the claimant’s fault amounts to 30%, that will reduce the claimant’s recovery by 30%.
In a number of those states, if the claimant is deemed 50% or more at fault, they can’t seek any compensation.
To avoid limitations to your recovery, wear a helmet.
Wearing a helmet is better for your financial and physical health. There are many causes of motorcycle accidents, and wearing a helmet could save your life and your claim.
The judge, jury, or insurance adjuster deciding your case might view you more favorably if you obey the law and wear your helmet.
What Compensation Can I Receive In A No-Helmet Motorcycle Accident Claim?
There’s no way to know for sure what a motorcyclist may recover from an accident claim without first reviewing the facts of their wreck.
In a motorcycle injury claim, you can seek compensation for:
- Medical expenses
- Lost wages
- Lost earning capacity
- Pain and suffering
- Mental anguish
If you suffered head and brain injuries in a motorcycle accident and didn’t have a helmet, you can almost guarantee that you will be deemed partially to blame for your injuries.
How Will A Lawyer Help With Your Motorcycle Accident Claim?
Many accident victims think they can submit an accident claim on their own, and the insurance provider will just award them compensation.
Sadly, this doesn’t happen very often. Insurance companies need to protect their profits. Therefore, they will make every effort to minimize or reject your claim.
That’s why speaking with a knowledgeable motorcycle accident attorney is essential.
Let Us Go To War For You!
The Schuerger Shunnarah Trial Attorneys will investigate your motorcycle accident to determine why it happened and who should be held responsible for it.
We will speak with specialists in accident reconstruction and other areas to determine what caused your crash and the role a helmet might have played.
To determine the type and severity of your injuries, we will also collect and thoroughly evaluate your medical records.
If you were injured in a motorcycle accident, don’t hesitate to call Schuerger Shunnarah Trial Attorneys.
We offer a free, no-obligation consultation to motorcycle accident victims.
We guarantee that you will receive excellent legal advice, services, and assistance at Schuerger Shunnarah Trial Attorneys.