What Happens If I Was Not Wearing A Helmet During My Accident?
You are putting yourself at risk legally and physically if you decide not to wear a helmet when riding a motorcycle in California. You significantly increase your chances of sustaining a severe injury such as traumatic brain injury, facial scarring, broken bones, or spinal cord damage in a motorcycle accident by not wearing a helmet. Not wearing a helmet while riding a motorcycle also increases the odds of losing your life in an accident.
Breaking California’s motorcycle helmet law is a valid reason for the California courts to reduce your compensatory award or settlement. The California courts allow the defendant or an at-fault party to use the comparative negligence defense in a personal injury case where the rider was not wearing a helmet. Under California law, this defense indicates that a defendant can pay victimless compensation if that victim contributed to their own injuries.
If you’re breaking California law by not wearing a helmet and suffered injuries after a motorcycle accident, the defendant could establish the comparative negligence defense. If the courts accept this defense, you will receive a lesser settlement for damages.
Can My Compensation Become Affected From Not Wearing A Helmet?
Whether not wearing a helmet will affect your motorcycle accident claim in California will depend on the part of your body that you had sustained an injury. If the injuries did not occur on the head or neck, not wearing a helmet will not have a negligible effect on your claim. This means that your chances of receiving compensation for damages from the responsible party for the motorcycle accident will remain the same.
If a helmet could easily protect the area of your body, such as your head, brain, or face that was injured, the accused may argue that the lack of a helmet causes your injuries and that you should be assigned comparative fault. The defendant’s insurers could argue that you were to be blamed for the motorcycle accident because you were not wearing a helmet.
California law requires all motorcyclists, including their passengers, to wear helmets. This may put some responsibility on you for your injuries if you fail to wear a helmet because you violated state law. If not wearing a helmet defense is successful, the judge can reduce your settlement. If you were not wearing your helmet when involved in a motorcycle accident in California, you must be ready to convince the judge that your injuries would have happened even if you were not wearing the helmet to get compensation. This is challenging to prove in court without the help of a Tustin motorcycle accident lawyer.
The Benefits Of Wearing A Motorcycle Helmet
Per California’s traffic laws, wearing a helmet is mandatory. Laws aside, wearing a motorcycle helmet is very beneficial to riders. Doing so decreases the severity of injuries, and it can even save your life.
Also, the argument from insurers stating that a motorcyclist’s negligence in not wearing a helmet is responsible for causing sustained injuries will be avoided. That means it will be as much of a challenge to hold the at-fault party accountable for damages. Your settlement will also not be negatively affected because you followed the law by wearing the right protective gear.
Your Tustin motorcycle accident lawyer may be able to argue that your injuries could have been worse without a helmet. This will put more attention on the other party, which could help strengthen your case.
Contact Legacy Accident Lawyers For Help
Even when wearing a helmet, motorcycle accident claims can be challenging to win in California. You need an experienced Tustin motorcycle accident attorney to receive compensation for your injuries. You might still have a viable claim if you were involved in a motorcycle accident in California without wearing a helmet. Legacy Accident Lawyers have a team of highly experienced motorcycle accident lawyers who can help you maximize compensation. Call us today to schedule a consultation. We will explore your motorcycle accident case, discuss your legal rights, and help you pursue the compensation you deserve.