Personal Injury Lawyer
Before you get on your motorcycle and head out on a ride, you probably follow a checklist. This may include making sure your bike is mechanically sound and performing well. You’ll check the fluids and ensure you have enough gas for your trip. Finally, you should wear the proper equipment while riding on a motorcycle. Wearing a helmet is vital. If you’re in an accident without one, the consequences could be disastrous, if not deadly. However, if the accident wasn’t your fault, you could still collect a settlement from an injury lawsuit.
When the Law Doesn’t Require Helmets
If another motorist was responsible for your injuries but you weren’t wearing a helmet, you may still be able to get full compensation. Not all states require that motorcycle drivers and passengers wear a helmet. Other states have different laws such as the minimum age that must wear a helmet and whether the passenger must have this equipment. If you reside in a state where helmet-wearing is not the law, the fact you weren’t wearing one shouldn’t have any bearing on your case.
Factors That Led to the Crash
If you were breaking the law by not wearing a helmet, you could be considered to be at least partially at fault for the injuries. In this case, the court would deem your percentage of fault. For instance, if the judge deems that your failure to wear a helmet puts you at 50% to blame, you would be eligible for half the compensation amount you seek. Various factors can be at play as the court makes this determination. The court will look at the reasons why the accident occurred such as whether the other motorist or motorists were speeding, ran a red light or stop sign, were driving while distracted, or under the influence of drugs or alcohol.
Proceeding with Your Case
An experienced lawyer, like a motorcycle accident lawyer from Wiseman Bray PLLC, has the skills and training to get you the compensation you deserve. Even if you were not wearing a helmet, your lawyer will look at ways to prove that the other motorists caused your injuries. Your lawyer may be able to show that the other person’s actions were so egregious that even wearing a helmet wouldn’t have spared you harm.
You should always wear a helmet when you ride your motorcycle. However, if you neglect to do so, there may still be situations where you can receive compensation from your injuries following an accident.