Nowadays, it seems as though it is just as common to find motorcycle riders wearing a helmet as not. Many seem to be obsessed with safety while others seem to be more focused on enjoying the ride. However, lawyers Brown & Gessell have had plenty of experience defending motorcycle riders and they have found that, in general, not wearing a helmet will have a detrimental effect when it comes to filing a claim.
Filing a Claim After a Motorcycle Accident in Which You Were Not Wearing a Helmet
The legal effect of not wearing a helmet and being in an accident can be extremely complex. In the end, it may not affect the outcome of the case but it can definitely limit the amount of compensation that you will be able to recover.
If a loved one has died in a motorcycle accident and they were not wearing a helmet, the survivors may be able to file a wrongful death claim. However, they may find that the insurance company will argue that since the rider was not wearing a helmet, their legal rights could be limited. In the end, it may be the court that decides that wearing a helmet might have lessened the severity of the injuries that the deceased sustained, thus reducing the amount of compensation to which the loved ones are entitled.
The success of a claim in which the motorcycle rider was not wearing a helmet and sustained injuries during the crash will depend on the severity of the injuries. The driver at fault may easily argue that there was negligence on the part of the motorcycle rider who could have taken actions to protect their health by wearing a helmet. If this has happened to you, you should work with an experienced motorcycle accident attorney who can conduct an investigation into your accident and help you build a strong case for your defense.
In any case, you still have a right to pursue compensation for your injuries after an accident in which you were not wearing a helmet. Be prepared to face a lower amount than the compensation you seek.
What Are the Benefits of Wearing a Helmet?
It has been proven time and again that wearing a helmet will reduce the risk of a rider suffering from road rash and other more extensive injuries. It is also useful when it comes to protecting the head from possible flying objects during a crash. They offer solid protection from sustaining severe head trauma, a major reason why injury claims are filed.
These days, wearing a helmet is not mandatory but if you enjoy riding your motorcycle, you should seriously consider wearing one. Not wearing a helmet and being found to be at fault for the accident will make it very hard for you to recover any compensation from the insurance company. Get in the habit of wearing a helmet. As that old saying goes, the life you save may be your own.
