Can You File a Motorcycle Accident Claim If You Were Not Wearing a Helmet?

Motorcycle Accident Attorney
Motorcycle Accident Claim

Accidents are unpredictable. While a person can try their best to prevent any unfortunate incidents, no one can predict or foresee their future. If you ever suffer from any road accidents, you might think about taking legal actions against the responsible parties. This is not only to obtain fair monetary compensation but also to hold the opposite party legally responsible for your suffering.

Of course, you are likely to have multiple questions when dealing with legal affairs. In fact, almost every personal injury victims tend to wonder about the significance of different types of laws prevailing in the state and its impact on their case. One of those laws that every motorcycle rider must be aware of is the helmet law. Below are some in-depth details about the same.

Significance of wearing helmets while riding a motorcycle

Motorcycle riders must always be extra vigilant than other vehicle drivers when it comes to their safety. Note that the open structure of the two-wheelers tends to make the riders vulnerable to catastrophic injuries, which are sure to take a toll on their life. Even though you might be able to obtain fair compensation with the help of a motorcycle accident attorney, you may barely get back to your normal lifestyle. Hence, motorcycle riders must be more careful to avoid a collision. Additionally, make sure to wear safety gear like helmets, jackets, etc. Note that wearing helmets is mandatory in many states of America.

Helmet requirements

In California, wearing helmets while riding motorcycles is mandatory. Plus, the gear must comply with the federal safety regulations as well. Below is a list of the helmet requirements put forward by the US DoT (Department of Transportation).

  • An inner lining typically made of polystyrene foam
  • No protruded objects from the helmets with length more than 2 inches
  • Must weigh at least 3 pounds
  • Sturdy chin straps with solid rivers

What if you were not wearing a helmet at the time of the collision?

California boasts comparative negligence law. Hence, you can still file a claim against the opposite party with the help of a seasoned motorcycle collision attorney to obtain compensation. However, your compensation amount will be comparatively low in this case because of your share of fault. In simple words, your motorcycle accident compensation amount will be determined based on your share of fault in the collision. Needless to mention, not wearing a helmet will be a huge issue in this case.

However, the opposite party is liable to provide compensation for the damages that couldn’t be avoided or prevented even if the victim was wearing a helmet. For instance, consider the injuries such as sprained wrist, broken leg, road rash on a limb, etc. In short, the motorcyclist can obtain fair compensation for all the injuries resulted from the wreck apart from head injuries.

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