Compensation when not wearing a helmet, guide by a motorcycle accident lawyer
On average, the estimate of motorcycle accidents is way higher than any other type of accident on the road. Many motorcyclists and passengers suffer from serious injuries, one that lasts for a lifetime. Motorcycle-related injuries also hold the potential to change the life of an individual forever.
With that, the helmet plays a crucial role and is a must for safety and protection. A motorcyclist will be 10x times protected with a helmet from brain injuries. Wearing a helmet is also lawfully needed, especially on the highway. But, there may be a situation where you didn’t wear a helmet and are injured due to the accident.
Your motorcycle accident lawyer will be the only person who can help you with the right steps to take. Not wearing your helmet can complicate your case, but you still have an option. Here is everything you need to know.
A helmet can reduce the risk of many injuries that results from motorcycle accidents, which includes:
- Traumatic brain injuries
- Fracture of the skull, bones, jaw, and even vertebrae in the neck
- Eye injuries
- Lacerations to the neck
- Injuries to the tissues in the neck
- Spine damage, other spinal cord injuries
I wasn’t wearing a helmet. Can I file a claim?
In fact, according to the National Highway Transportation Safety Administration, motorcyclists are five times more likely to be killed in an accident. Compared to that of a car accident, it is shocking! If not wearing a helmet, the nature and extent of the injuries are typically severe, says motorcycle personal injury attorney.
Motorcycles do not offer proper protection to the rider, even with the appropriate safety gear or helmet. Helmets are known to reduce the impact of injuries and protect the driver from fatalities. But, if you are one of those not wearing a helmet and suffering from injuries, who would be at fault?
- The other party may try to use it against you during the compensation calculation.
- Plus, the insurance company will have a point to reduce the claim and put you at fault.
Comparative Negligence in a Motorcycle Accident Claim
If you and the other drivers are equally at fault, you can still recover half the damage sustained in some states. It means that you are capable of recovering the damages if you weren’t wearing a helmet.
Even if a motorcyclist exercises care and is riding with appropriate safety in mind, not wearing a helmet will make a big difference. The location of your injuries will be responsible for knowing the level of negligence on your part.
For example, if you were involved in an accident, it resulted in a severe arm and broken ankle. It will be the fault of the other person since the injuries aren’t associated with your helmet.
Similarly, if you have a similar accident but your injuries are on the neck and head, it means you are suffering because of not wearing a helmet.
The insurance company and the other party will argue that you were violating the law. Comparative negligence will reduce the compensation of the rider, but you will receive some potential amount.
What compensation is available in no helmet claim?
Compensation can be both economic and non-economic damages incurred. Economic damages refer to a tangible loss like broken bones, damaged vehicles, medical bills, and loss of wages. In comparison, non-economic damages refer to intangible losses like physical and emotional pain.
Of course, your motorcycle accident lawyer will guide you on how to calculate non-economic damages because it’s tricky. Calculating economic damages is easy since you have proof and the total amount of loss. Although, there is no denying that your judge or jury will reduce compensation. It is so because of the negligence from your side that could have been prevented while wearing a helmet.
CONCLUSION:
Regardless of you wearing a helmet or not? You can file for a personal injury claim after an accident and seek compensation. Getting assistance from motorcycle accident lawyers will help you to get compensated for your damages.
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