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If a motorcyclist isn’t wearing a helmet, can they still recover for injuries caused by another driver?

2 Nov 2016

Motorcycle accidents make up a large portion of personal injury lawsuits. For this reason, many states have laws in place requiring motorcycle riders to wear helmets for their own protection. However, many people fail to wear protective helmets making head injuries likely. If you were injured in a motorcycle accident and were not wearing a helmet, you may still be able to recover money for your injuries. The following is an overview of the law regarding motorcycle cases and how hiring an attorney may help you win your case.

Are Helmets Mandatory?

The answer to this question depends on the state in which the accident occurred. Because experts believe helmets can reduce the likelihood of injury, may states have made them a requirement for all motorcycle passengers. Other safety equipment may also be required such as safety goggles and protective face shields.

What Penalties Can A Rider Face For Not Wearing A Helmet?

The law regarding motorcycle helmets are often a bit difficult to understand. Certain states have laws that outline criminal penalties, while others do not clearly explain exactly how a rider is affected by not adhering to the helmet law. States that do not have helmet laws in place, offer no penalty.

Can I Recover Money For My Injuries If I Wasn’t Wearing A Helmet?

If you were injured in a motorcycle accident at the hands of another driver and were not wearing a helmet, you may still be able to obtain compensation for your injuries. However, in this type of personal injury case failure to wear a helmet may be used to prove you failed to take reasonable precautions to avoid being injured. This may make you appear negligent, even if the accident was not your fault. In these cases, you may recover a smaller portion of a settlement or receive no settlement at all.

What Are The Factors In These Cases?

Since the laws regarding motorcycle helmets in personal injury cases are complex, it is best to seek the advice of an attorney for help. Below are some factors that may have a bearing on your case and help you obtain the compensation you deserve.

  • You Weren’t Wearing A Helmet But Your Head And Neck Were Not Injured

Not wearing a helmet in an accident may have no bearing on your case if the injuries you sustained did not involve your head or neck. Even if the law requires you to have a helmet on, you may be able to be compensated if your injuries involved your limbs or back.

  • You Weren’t Wearing A Helmet And Sustained Injuries

If you were not wearing a helmet and sustained injuries to your neck or head, it may be more difficult to obtain money for your injuries. The court may find you partially negligent in this instance. In addition, it may be more problematic if you were injured in a state that has helmet laws in place. However, you may be able to obtain money for injuries to other parts of your body in these instances.

How Can An Attorney Help Me?

It is of utmost importance to seek the advice of an attorney if you were injured while not wearing a motorcycle helmet. The laws in most states are difficult to decipher and having an experienced attorney evaluate your case can make all the difference. An attorney can help you by:

  • Gathering The Facts To Prove Your Case
  • Enlist The Help Of Medical Experts
  • Calculate Your Lost Wages
  • Total Future Lost Wages If You Are Disabled
  • Enter Into Negotiations With The At-Fault Insurance Company
  • File Court Documents
  • Help Prepare You For Court
  • Accompany You To Court And Represent You During A Trial

If you have been injured, contact an experienced personal injury attorney today or an evaluation and consultation. After a complete review of your case, your attorney will advise you as to the best way to proceed.

Need legal help? Our Los Angeles car accident attorneys and Los Angeles personal injury lawyers are available to help whenever, and wherever, you need it.

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