December 2, 2020
I Was Hurt in a Motorcycle Accident Without a Helmet. Can I Still Recover Compensation?
When it comes to motorcycles and accidents, it is important to consider the matter of motorcycle helmet laws and how they may impact a personal injury claim after an accident. This is because our Los Angeles motorcycle accident lawyer knows that insurance companies and defense lawyers will definitely use any angle they can get to create an advantage over you in order to underpay or even deny your claim.
Here in California, the law is very clear about the responsibility of a motorcyclist to wear helmet protection when on the road. This comes with its own set of penalties. But in an accident, it becomes even more consequential.
In the case of a motorcycle accident, claim settlements are adjusted for comparative fault in the case of injuries. And even in the case where it looks as if the clear responsibility of the accident falls on another driver, if the motorcycle driver is not wearing a helmet this will be seen as contributing to any injuries that he or she sustains and will impact any monetary compensation accordingly.
This does not prevent the motorcyclist from filing a claim but the financial consequences can be substantial. Because of California’s comparative negligence laws, an injury victim’s injury compensation will be reduced by the percentage by which they are found at fault. And not wearing a helmet will most often be seen as contributing significantly to a rider’s injuries, reducing their percentage of compensation proportionately. This means that a motorcyclist involved in a California motorcycle crash who was not wearing his or her helmet will likely not be able to fully recover his or her damages.
If you have been injured in a motorcycle accident, you owe it to yourself to speak with an experienced Los Angeles motorcycle accident lawyer to understand your rights to financial compensation after an injury. For more information and a FREE case review, contact us today at (888) 588-1777. We are ready and willing to help.