Does Not Wearing A Helmet Affect A Motorcycle Accident Claim?
When it comes to an accident, the actions of all parties involved in the incident matter; there is no exception when it comes to motorcycle accidents. In terms of the motorcycle rider, it's often their responsibility to take precautions to protect their safety, including wearing a helmet. Given this requirement, some accident victims wonder what type of struggle they will face if they're involved in an accident while not wearing a helmet.
State Law Matters
Wearing a helmet is advised when riding a motorcycle, but the reality is that this requirement is not one mandated by law in each state. In the event you reside in a state in which a helmet is not required, the fact that you were not wearing a helmet is not likely to have a large bearing on the case.
However, if you reside in a state where helmets are required, the absence of the helmet will likely have a significant impact on the case. This threat is particularly elevated in states that also follow a shared-fault guideline.
In states with this option, the other party will be able to argue that you not wearing a helmet leaves you at least partially responsible for the accident, and therefore partially responsible in terms of the cost of your damages, medical treatment, and other costs.
With any accident, an important role of each side is to investigate. More specifically, to investigate how the injuries sustained are linked to the accident or how the injuries are not linked.
In cases where the accident victim is not wearing a helmet, if the other party can prove that the victim's injuries would have been less significant or greatly reduced if they did wear a helmet, they will argue this point to reduce the amount of compensation they must pay.
As an accident victim, you cannot go back and change the course of history, but you can argue and prove with medical facts that the severity of the injuries would still be considerable even if you were wearing a helmet. To be successful with this effort, you often need an attorney who will investigate the accident and comb through your medical records to prove this point.
It's important to speak with an attorney. The specifics of each accident scenario are different, so it's best to let an attorney review your case to determine what, if any, consequence you will face for not wearing a helmet.
For more information, contact a motorcycle accident lawyer.