Motorcycle accidents are common in the United States. The National Safety Council reports that 37% to 42% of motorcycle accidents occur because riders fail to wear helmets. Motorcycle riders should wear a helmet to prevent head and brain injuries.
Suppose you were seriously harmed in a motorcycle crash because you were not wearing a helmet. Then it is important to know how to get compensation for your injuries and other damages. It can be challenging to establish liability in a motorcycle accident claim.
In this blog post, we are going to discuss how the failure to wear helmets can impact liability in motorcycle accident claims.
The Helmet Usage Laws in Motorcycle Accident Claims
Every state follows different laws for the use of helmets. The U.S. Department of Transportation declared that few states strictly practice helmet laws, where every motorcycle rider and their passenger should wear helmets regardless of their experience and age.
Some states follow partial helmet laws. These partial helmet laws apply to motorcycle riders without specific insurance coverage or below a specific age.
Liability
In a motorcycle accident, failing to wear a helmet will never change the liability of the other party for causing your accident. This means that you are eligible to file a claim against another party, but it has some issues with recovering compensation. In some states, not wearing a helmet can minimize your compensation.
How Not Wearing a Helmet Impacts Liability in a Motorcycle Accident Claim
Based on the state laws and circumstances of the motorcycle accident case, not wearing a helmet can affect liability and compensation. Read on to learn how it works.
Comparative Negligence
Under comparative negligence law, the victim can recover compensation even if they were partially at fault for the crash, as long as their fault was not greater than the other party’s. The amount of compensation is reduced by the percentage of fault assigned to the plaintiff.
For instance, when a motorcycle rider was 40% at fault for the crash and sustained $100,000 in damages, they can recover $60,000 from the other party.
In a few states that follow comparative negligence, the failure to wear helmets can be considered a factor that decreases the compensation of the motorcycle rider. This will be based on how the lack of a helmet contributed to the injuries and other damages.
How Can an Experienced Attorney Help You?
In this scenario, it is necessary to seek advice from an experienced attorney, someone who has knowledge and experience in handling motorcycle accident cases. They are also aware of the state laws.
They will support you in collecting evidence to show that not wearing a helmet may not have caused the accident. Moreover, they will also appoint an expert witness to find out what exactly happened in the motorcycle accident.
The defendant’s insurance company will strongly argue to reduce the compensation you may receive. The insurance company will point out your negligence in not wearing a helmet. In this circumstance, your lawyer will handle discussions effectively.
By using comparative negligence, your attorney will help you claim reasonable compensation for your medical expenses and other losses.
Final Thoughts
Remember, not wearing a helmet can result in traumatic brain injuries. Wearing a helmet can safeguard you and your passengers. We hope our article has helped you understand the effect of not wearing a helmet in a motorcycle accident claim.
If you have been involved in such an accident, then it is important to protect your rights and get the compensation you deserve. Don’t hesitate to contact an experienced personal injury lawyer.
Depending on the circumstances of your case, your lawyer will help you understand the complexities of the case and make sure you’re compensated well.