Can I Still File a Claim if I Was Not Wearing a Helmet During the Accident?

When you are involved in a motorcycle accident, a helmet can protect your safety or even save your life. However, you may not have been wearing one during the accident. Now, the at-fault party may be trying to place part or all of the blame on you for the lack of safety. 

However, that does not mean you are excluded from filing a lawsuit. Your Sacramento motorcycle accident lawyer with Triumph Law can help you file a claim and hold the at-fault party responsible for the injuries you have suffered. Below are a few ways that your health may have been impacted and what you can do to take action after your injuries.

Helmets Play an Integral Role in Motorcycle Safety

According to statistics provided by the National Highway Traffic Safety Association (NHTSA), motorcycle riders are 24 times more likely to experience a fatal crash than people driving passenger vehicles. Part of that is because motorcycles lack many of the safety features cars have, which is something helmets are supposed to help with. Below are just a few of the many ways helmets are vital to the motorcyclist today:

• Helmets save lives
• Helmets can help you avoid a traumatic brain injury
• Helmets are required for all riders in California
• Helmets can enhance rider confidence

When you wear a helmet, you may be saving your own life. You may also be required to wear it under state law, which promotes safe driving practices. Even the most careful driver can fall victim to blind spots, distracted drivers, and more, which is why helmets are so vital.

How Not Wearing a Helmet Could Affect Your Personal Injury Claim

Because helmets are required by law in California, not wearing one can impact the value of your personal injury claim. For example, the at-fault party may claim that your injuries would not have been as severe if you had been wearing a helmet. That can reduce the value of your claim. 

This law is known as comparative negligence laws under CA Civil Code §1714. That means that, while you may still be eligible for compensation, that compensation can be reduced by the percentage of fault placed on you. That makes recovery much more difficult for motorcycle riders.

Fortunately, this situation can be helped with the aid of a personal injury lawyer. We can provide legal support if your claim goes to court and you were not wearing a helmet. We can provide a strong defense in the courtroom when the at-fault party tries to place the blame on you for failing to wear a helmet. 

You Can Sue Even Sue if You Were Not Wearing a Helmet in California

If you are hurt in a motorcycle accident, you may have grounds to sue even if you were not wearing a helmet. While failure to wear a helmet can have a massive impact on the value of your claim, that does not automatically disqualify you from compensation. You simply may need to prepare a strong case against the liable party before you enter the courtroom and pursue compensation. 

However, just because you can sue does not mean that the other party will be willing to pay for your recovery. They may do everything in their power to avoid paying the full amount for the damages you need covered. In these cases, we can step in and help protect your claim. 

That starts with gathering appropriate evidence for your version of events and evidence that your injuries would have been as severe without a helmet. For example, if you broke your legs or suffered a spinal cord injury, you may argue that even with a helmet, you would have still suffered severe injuries. Talk to our team about the best approach for your claim and how you can maximize your compensation.

How Insurance Companies Handle Lack of Helmet Use in Personal Injury Claims

If you are considering pursuing an insurance claim, a lack of helmet use can have a significant impact. Insurance companies are already for-profit businesses, meaning they are already looking for reasons to avoid pain for your recovery. In cases where you were not wearing a helmet, the insurer may work even harder to deny your case.

In these cases, you may need to speak with your legal advocate to gather the information you need to negotiate your claim. We can pursue evidence that you are still due compensation, such as evidence that your injuries would not have been lessened by wearing a helmet. If your insurance company still fails to compensate you, keep in mind that your attorney can help you take your claim to court. 

We can also help you watch out for bad faith insurance claims. For example, the insurance company may try to lowball or deny your claim for no reason. If they cannot provide grounds for the denial, your attorney may pursue action in court.

Helmet Use FAQ 

When you are involved in a motorcycle accident, many details and complications can lead to questions you do not have the answers to. Questions about helmet use, legal statutes, and time limits can all impact your claim. Fortunately, our team is here to answer your questions, so reach out or read on to hear some of our most commonly asked questions.

Can Helmet Use Impact the Outcome of My Personal Injury Claim?

Yes, helmet use can have a massive impact on your personal injury claim. If you were not wearing a helmet, your compensation may be reduced significantly. Fortunately, we can protect your rights and guide you through this situation.

How Long do I Have to File My Accident Claim?

In California, you only have two years to file a claim under CCP §335.1. If you do not file in time, your claim may be dismissed. If you are struggling to meet this deadline, reach out to an attorney for help.

What Should I Do if I Was Injured in an Accident While Wearing a Helmet?

If you were injured even though you were wearing a helmet, you may still have grounds to sue. Even better, you may have fewer arguments from the at-fault party against the compensation you are due. Your lawyer can guide you through these cases as well.

Get Help from California’s Highly Reputable Personal Injury Law Firm Today

When you are hurt in a motorcycle accident, you need compensation whether or not you were wearing a helmet. Fortunately, your motorcycle accident attorney at Triumph Law offers guidance for those dealing with these complex situations, starting with a free consultation. If you are in need of a personal injury law firm you can rely on, reach out by calling or filling out our online contact form.