Understanding Personal Injury Law

Now Not Wearing a Helmet Can Complicate Your Motorcycle Accident Case

17 August 2021

Celina Nichols

One of the most common injuries caused by a motorcycle accident is a head injury. This is especially true if you were not wearing a helmet during the accident. Some states require that all motorcyclists wear a helmet while other states have made it optional. However, wearing a helmet can always have an effect on your motorcycle accident case.

The Severity of the Injury

One way that not wearing a helmet can affect your motorcycle accident case is regarding the severity of your head injury. The worse your injuries, the more important it is that you receive the maximum amount you can be compensated. You may find yourself seriously disabled permanently, or at least for a very long time. You will need to be compensated not only for current medical bills but for future medical expenses.

The more severe your injuries, the longer your case might take because you will need to wait to find out how severe your injuries are before pursuing a settlement. This is because you will not be allowed to take any further action against the other party once you have accepted the settlement offer. 

Liability

When you are not wearing a helmet, the other party may try to blame you for the severity of your injuries. If your case goes to court, the defense might try to turn the jury against you. In jury trials, the jury tends to be biased against a motorcyclist because they are often perceived as being heavier risk-takers. 

Because you are less likely to have a favorable outcome with a trial, the other party might try to offer a very low settlement offer believing that you will be less willing to let your case go to trial. If you are required to wear a helmet, the other party might argue that you are not showing a duty of care. 

Comparative Negligence

The idea of comparative negligence is that you may be considered partially at fault for your injuries. For example, the other motorist might have run a red light, but failure to wear a helmet may lead to you being considered partially at fault. If you are considered to be partially at fault for the accident, you may only receive compensation for part of the damages you have suffered.

For the remaining balance, you will need to turn to your health insurance provider or pay out-of-pocket. Therefore, it's important to hire a motorcycle accident attorney who can assist you in maximizing the settlement you receive.

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