Will Not Wearing A Helmet Affect My Motorcycle Accident Case?
Getting into a motorcycle accident is obviously scary, and you could be in even worse shape if you get into that accident while not wearing a helmet. But if the accident was clearly not your fault, you may be interested in seeking financial compensation. That begs the question, though, of how much of a detriment the fact that you weren't wearing a helmet will be to your court case. If this sounds like your situation, here are some things to keep in mind.
Even If You Broke a Law, Focus on the Cause of the Accident
Some states in this country do have laws on the books that state a helmet must be worn while riding a motorcycle. But the majority of states in the union actually do not have any such law. With that said, you need to realize that whether or not you broke a helmet law is not necessarily going to be the deciding factor in your case. For example, many states have seatbelt laws, but someone injured while not wearing a seatbelt can still sue for financial compensation. What you want to look at is what actually caused the accident itself. If another vehicle ran a stop sign or red light and plowed into you, they are clearly at fault for causing the accident.
Not Wearing a Helmet Could Reduce Your Payout
In a situation where the other driver was clearly at fault but the motorcyclist was not wearing protective gear, it's possible for a judge or jury to find the driver that hit you at fault while also taking into account that you are partially at fault for the severity of your head injury because you did not wear protective gear. In other words, you can still get a payout, it just might not be for as much as you want. But it's still worth pushing forward with your case, especially if you have the right motorcycle accident attorney on your side.
If Your Injuries Are Not Head-Related, Your Lawyer Can Argue the Helmet is Not Relevant
When you were hit, did you go flying forward, headfirst into the ground or another vehicle? If so, your lack of a helmet is obviously important to your case. But what if you are hit on the side of the bike and simply fall off onto your side instead of landing headfirst? If the extent of your injuries is something like broken ribs or a broken arm and you did not sustain any head injuries at all, you can push forward with your case while making the argument that not wearing a helmet did not have anything to do with the injuries you suffered.
To learn more, contact a motorcycle accident attorney.