Will Not Wearing A Helmet Affect My Motorcycle Case?
- March 16, 2021
If you’re ever involved in a motorcycle accident, one of the first things your insurance company will ask you if you were wearing a helmet.
Wearing a helmet is beneficial in many ways. For one, they can protect you from severe head injuries like traumatic brain injuries.
They can literally save your life.
But they can also benefit you financially.
Many motorcycle riders don’t realize it, but their use of motorcycle helmets, or lack thereof, is a critical and often controversial part of motorcycle accident claims and lawsuits.
Most states these days, Georgia included, have universal mandatory motorcycle helmet laws that require all riders to wear a helmet at all times.
If you’re riding your motorcycle and you’re involved in an accident, and you weren’t wearing a helmet, it is guaranteed that the insurance company of the other party will use that fact against you and try to give you a higher percentage of fault in the accident.
Not wearing a motorcycle helmet will definitely affect your motorcycle case.
Continue reading below to learn more about motorcycle accidents and how not wearing a helmet can affect your case according to our Motorcycle Accident Attorneys.
I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.
How Does Motorcycle Helmet Usage Affect Motorcycle Accident Claims?
All motorcycle accident claims hinge on the concept of negligence.
If you’re involved in a motorcycle accident, you have to prove that the other party was responsible for the accident to get them to pay for your damages.
When evaluating your case, the insurance companies or the courts will look at several factors involved in the case to determine liability.
They will work to determine:
- If speed was a factor in the accident
- If a driver made a turn without looking for oncoming traffic
- If a driver was driving distracted
- If drugs or alcohol were a factor in the accident
- If any citations were issued at the scene
And finally, they will ask if you were wearing your helmet.
And if you were, they’ll make sure it meets all national safety standards.
Like speeding or driving distracted, not wearing a helmet while riding your motorcycle breaches your duty of care to others on the road and can be evidence of fault or negligence, legally speaking.
Once all of the facts of the case have been reviewed, the insurance company will assign fault to each party involved.
So, if the other driver was speeding and driving distracted, and you weren’t wearing your helmet, the other driving may be assigned 80% of the fault while you are assigned 20%.
This is due to comparative negligence law.
This can be extremely frustrating, especially if you know the accident was 100% caused by the other driver.
After all, why should you get less for your damages if the accident wasn’t at all your fault?
The insurance will argue that even though you weren’t responsible for the accident, you are responsible for your injuries because you weren’t wearing a helmet.
They’ll say that your injuries wouldn’t have been as severe if you were wearing a helmet.
That’s how you can be twenty percent at fault for the accident, even if your actions didn’t cause it.
Can I Fight Helmet Usage Arguments?
You will need to be able to provide a substantial amount of evidence if you want to fight allegations that not wearing a helmet affected the severity of your injuries.
The two most important pieces of evidence you will need are medical records and witness testimony from a medical expert.
You don’t want to do this alone, so you will also need a motorcycle accident lawyer who can help you gather this evidence.
Your accident attorney will collect all of your medical records and find a local medical expert with experience with the legal claims process to provide legal testimony.
If a medical expert states that the severity of your injury was not affected by your lack of a motorcycle helmet, you have a much better shot at recovering more damages in your personal injury claim.
Contact The Brown Firm If You’ve Been Involved in a Motorcycle Accident
No one should try to take on the insurance companies on their own, especially motorcycle accident victims.
An experienced motorcycle accident attorney from The Brown Firm will look out for your legal interests while you focus on your physical recovery.
They will work to increase the value of your accident claim against the negligent driver, even if you weren’t wearing a helmet.
Don’t expect the insurance companies to negotiate with you fairly, either.
If you’ve been involved in a motorcycle accident, don’t wait any longer to speak with our team of motorcycle accident lawyers.
Contact The Brown Firm by clicking the button below to schedule your Free Consultations.
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