In California, everyone that rides a motorcycle is required to wear a helmet. Even though it was established to protect motorcyclists, many of them still do not abide by this law. Not only does this put them in greater danger, but it also could affect their ability to recover compensation in a motorcycle accident claim. Here's how wearing a helmet can affect your motorcycle accident claim:
Motorcycle Accidents With No Head Injuries
What injuries did you sustain in the accident? If you did not suffer any head injuries, then the issue of whether or not you were wearing a helmet at the time of the accident shouldn't affect your case. For example, if you sustained a broken arm, a helmet wouldn't have done anything to protect you from this injury. Therefore, the insurance company cannot use the fact that you weren't wearing a helmet to lower the value of your case. However, the insurance company may bring up the fact that you weren't wearing a helmet in an attempt to paint you as an irresponsible, law-breaking motorcyclist.
Motorcycle Accidents With Head Injuries
Whether the rider was wearing a helmet or not will become a bigger issue in claims involving head injuries. If the driver wasn't wearing a helmet, it may be very difficult to recover compensation for his head injuries. The defendant will argue that the driver's decision not to wear a helmet was negligent. The defendant will also say that the rider could have prevented the injuries by abiding by the law and putting a helmet on. An attorney may be able to prove that you would have still suffered the head injuries even if you were wearing a helmet, but this can be incredibly challenging.
If you were wearing a helmet, this could make it easier for you to recover compensation for your head injuries. The defendant will not be able to argue that you could have prevented the injuries by wearing the proper safety gear, so this eliminates one possible defense strategy.
Even though wearing a helmet may help your case, it still does not guarantee that you will be able to recover compensation for your injuries. The best way to win your case is by hiring a personal injury attorney that has experience handling motorcycle accident cases.
If you have been injured in a motorcycle accident, contact James Rush at Rush Injury Law. James Rush has years of experience helping motorcycle accident victims recover the compensation that they deserve for their injuries. Contact our office by calling 415-897-4801 or filling out the online form on our website www.rushinjurylaw.com to request a free consultation.