Helmets In Motorcycle Accident Claims
Not only does California have a universal helmet law that every rider must abide by, but wearing a helmet can drastically reduce the risk of a severe head or brain injury in the case of a bad motorcycle accident.
Under the California helmet law, motorcyclists and passengers on motorcycles must wear helmets while riding. It’s the same thing as regular driver wearing their seatbelt. It is also important that this helmet fits snugly on your head and that it is federally approved for riding.
If you are pulled over in California and you’re not wearing a helmet or you don’t have the proper helmet, you could receive a hefty traffic citation. Not only is it dangerous to not wear a helmet while riding, but it could be the difference between you winning or losing your claim in the case of an accident.
Why Is Wearing a Helmet Relevant?
Because it is law in California to wear a helmet while riding a motorcycle, a defendant can use the fact that you’re not wearing a helmet as you are liable for your motorcycle accident injuries.
In order to create a claim or a defense that works, those injuries must have been connected to the fact that you were not wearing a helmet at the time. Most of the time, this means that the injury must have been connected to the head, the brain, the face, or the neck. Defendants won’t be able to use any bodily injury for defendant grounds when it comes to your lack of a helmet.
That defendant must be able to show sufficient proof that your lack of a helmet or non-approved helmet contributed to the injury you sustained. This is often proven with the help of experts or medical testimony.
However, with all of that said, you should never assume that you do not have any grounds to receive compensation if you’re not wearing your helmet during your accident in California. This is because California uses what is called comparative negligence law, meaning they won’t bar a plaintiff from recovery because they have partial fault for an accident.
They’ll base your potential compensation on percentages. For example, if your brain injury was 20% because you did not wear your helmet, then you will not receive 20% of the verdict awarded to you.
No one can help you determine the potential outcome than an experienced motorcycle accident attorney like the ones at motorcycle accidents.
As you can see, no matter what the case is, you should always wear a helmet while riding in California. It could be the difference between total compensation or none at all.
Here at Motorcycle accidents, we’ll help you gather all of the essentials for your claim, such as medical records and case evidence, so you don’t have to. We will then assess that evidence to determine the types of damages that are owed to you.
Don’t suffer at the fault of someone else’s negligence without getting the compensation you deserve. Get in touch with us here at Motorcycle Advocates today!