Most states – including California – have laws which dictate that anyone who is riding a motorcycle or bike must wear a helmet while doing so. These laws are intended to reduce the chances of sustaining serious or fatal injuries during a motorcycle accident or bicycle accident, as these accidents can often cause the ridAfter being injured in an accident that was not their fault, though, many motorcyclists and bicyclists who were not wearing a helmet at the time are left to wonder if they will still be able to recover money for their injuries. er’s head to forcefully impact the road or another vehicle.
In many cases, the answer isn’t entirely black and white.
In order to receive compensation for injuries sustained in a bike or motorcycle accident, you must prove to the court that the injuries you incurred were not your fault. In most cases, this boils down to proving that the accident which caused your injuries was not your fault. However, if you were not wearing a helmet at the time of the accident, the court may find that even though the accident was not your fault, your injuries still could have been prevented had you followed the law. If the court finds that you failed to take reasonable precautions to prevent your injuries by not wearing a helmet, you may receive a smaller compensation for your injuries or no compensation at all.
There are a couple factors to consider when determining how the court will weigh the fact you weren’t wearing a helmet, though, and the most important of these factors is the type of injuries you sustained. If your injuries were to your body or limbs, the court will likely conclude that you not wearing a helmet at the time of the accident had no bearing on the injuries you sustained and that wearing a helmet would not have prevented them. In this case, you are more likely to receive full compensation for your injuries.
However, if the injuries you sustained were to your head or neck, the court is much more likely to see you not wearing a helmet as an act of negligence that could have prevented your injuries. In these instances, it is more difficult to obtain compensation for your injuries.
If you have been injured in a motorcycle accident or bicycle accident and did not have a helmet on at the time, it is important that you contact a personal injury attorney in LA as soon as possible to begin constructing your case. An experienced personal injury attorney will be able to help you navigate the complexities of personal injury claims involving a rider not wearing a helmet in order to help you get as much compensation for your injuries as possible.
If you would like to speak with one of our talented personal injury attorneys, we invite you to contact us today for a free evaluation of your case.