Don’t Lose Out On Compensation You Deserve, 

Let Us Fight For You

Can you file an accident claim if you weren’t wearing a helmet?

| Nov 18, 2020 | Motorcycle Accidents |

While driving a motorcycle in California can be freeing, it can also be particularly dangerous. Studies have shown that motorcyclists are far more prone to injuries than people in passenger vehicles. If you’re not wearing a helmet, you’re even more likely to suffer from severe injuries. If you weren’t wearing a helmet at the time of an accident, can the defense use that against you in court?

Can you still receive compensation if you weren’t wearing a helmet?

You could still receive compensation if you weren’t wearing a helmet during a motorcycle accident, but it might make it harder for you to argue your case. Some states don’t allow helmet use to be brought up in court at all. If that’s the case for your state, whether or not you wore a helmet will be irrelevant.

Some states allow the other party to bring up your lack of helmet in court. However, the other side will have to prove that you suffered from injuries you wouldn’t have sustained if you’d been wearing a helmet. For example, if you broke your leg in the crash, then whether or not you wore a helmet wouldn’t have made a difference. But if you did suffer head injuries and weren’t wearing a helmet, the judge might decide that you’re partially at fault for your injuries and award you a smaller amount of compensation.

How may an attorney help you after a motorcycle accident?

If you’ve suffered from a motorcycle accident, you might have a lot of questions. An attorney may answer your questions and help you seek compensation even if you weren’t wearing a helmet at the time of the accident. Your attorney might be able to help you prove that you weren’t at fault for the accident and that the other driver should be held responsible.

FindLaw Network