Do I Have a Viable Claim Even If I Didn’t Wear a Helmet During a Motorcycle CrasUndeniably, riding a motorcycle is more dangerous than driving a car. But when you ride it without wearing a helmet, it becomes even more perilous for you because it poses you at a greater risk of head injury or even death. While every motorcycle rider knows this, still many prefer to not wear their helmets. And you might be one of them too. Right??
Often, when survived, victims of these crashes think that they cannot file an injury claim because of their failure to wear a helmet (even if it is the mistake of another driver). In this post, you will learn why should still consult a licensed motorcycle accident attorney.
What to Expect If You Were Wearing a Helmet at the Time of Accident
If a motorcycle rider was wearing a helmet during the accident, he/she is less likely to sustain traumatic brain injuries. Besides, he or she is also less likely to be blamed for the severity of injuries by insurance companies and attorneys of the second party involved in the accident.
If a victim was wearing a helmet, then his/her attorney may also argue that the injuries could have been more severe without one. This will divert the attention to other driver’s actions and make the victim’s case stronger.
If the victim didn’t suffer any injury, the question of wearing a helmet becomes irrelevant at all and his/her attorney will argue that their client followed safe-riding guidelines because he/she was wearing a helmet.
What to Expect If You Were Not Wearing a Helmet at the Time of Accident
When you suffered a head or neck injury and were not wearing a helmet during the accident, insurance adjusters will argue that you will bear the majority of fault for the injuries you sustained. Plus, they will also try to lower your compensation in this case.
They may also present publications or expert testimony about how the use of a helmet can greatly reduce the risk of head injuries and will argue that you won’t suffer any injury if you were wearing one.
How Does Comparative Fault Law Apply to Your Claim?
When a motorcycle victim is partially at fault for the accident and injuries, then a comparative negligence law may apply. According to this law, the amount of any compensation you may be rewarded is reduced based on the extent of your fault.
Insurance companies try everything in their capacity to apply this law to your claim, particularly if you were not wearing a helmet. When you file a lawsuit, juries will consider the circumstances of the crash, as well as comparative negligence law. For instance, if an insurance adjuster or jury finds that you were 30% at fault for the accident, your compensation will be decreased by 30%.
This may sound not good to you at first. But getting 70% (in the case of given example) is better than getting nothing.
In short, if you are a victim of a motorcycle accident recently and were not wearing a helmet, you may still have a viable claim. Therefore, it is wiser to contact a licensed and experienced motorcycle accident attorney to discuss your claim and potential obstacles rather than doing nothing.
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