Can You File a Motorcycle Accident Claim If You Weren’t Wearing a Helmet?
In California, helmets are required for all motorcycle riders and their passengers. While you can still file an injury claim if you weren’t wearing a helmet at the time of your motorcycle accident, it may affect your financial outcome. An experienced motorcycle accident attorney in LA can help you deal with an insurance company that is using the helmet defense against you.
Not Wearing a Helmet During a Motorcycle Crash?
Find Out Your Legal Rights
Can Helmet Use Impact Liability for a Motorcycle Accident?
Since a safety helmet is required for all motorcyclists in California under Vehicle Code § 27803, the unlawful failure to wear one could be used against an individual during a motorcycle accident claim. An insurance company may argue that your injuries were exacerbated or worsened due to your failure to wear a motorcycle helmet. This could reduce your financial recovery.
However, not wearing a helmet does not mean you lose the right to file a motorcycle accident claim altogether. Your failure to wear a helmet did not cause the motorcycle crash; therefore, you will still have grounds to bring a claim against the at-fault driver or party to hold them accountable for their participation in the collision.
What Is California’s Pure Comparative Negligence Rule?
A motorcycle accident case involving a rider who was not wearing a helmet will likely invoke the state’s pure comparative negligence law. This rule allows an injured victim to still recover a portion of damages or financial compensation even if he or she contributed to the accident.
California Civil Code § 1714 states: Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.
Under this law, the victim’s financial recovery will be reduced by an amount equivalent to the assigned percentage of fault. If an insurance company blames you for the severity of your injuries due to a lack of helmet-wearing, this could lead to a reduction in the amount of compensation that you receive.
How Will an Insurance Company Handle My Lack of Helmet Use?
If an investigation by the insurance company finds that you were not wearing a helmet at the time of your motorcycle accident, this will likely be used against you. The insurer may drastically reduce your payout or even deny your claim. You may need to hire a knowledgable Los Angeles personal injury attorney to represent you for the rest of your case to ensure a fair outcome.
Helmet use will only be a relevant detail in a motorcycle accident claim if you suffered injuries that would have reasonably been prevented had you been wearing a helmet, such as injuries involving the head, skull, face or brain. An attorney can help you show using medical evidence that you would have sustained your injuries with or without a helmet.
An attorney can gather crucial evidence to build your case, including working with medical experts, as necessary. You can count on your lawyer to combat the comparative negligence rule and helmet defense to maximize your financial outcome as much as possible. An insurance company will have no choice but to treat you fairly when you have legal representation.Don’t give up or assume you are ineligible for financial compensation if you weren’t wearing a helmet during your motorcycle crash. If you were recently hurt in this situation, consult with a personal injury attorney in Los Angeles as soon as possible for assistance.