You were injured in a motorcycle accident that wasn’t your fault, but you weren’t wearing a helmet. Should you have been wearing a helmet? Yes, no question. After all, it’s the law. But you also weren’t speeding or driving recklessly. You were hit, you got injured, and someone else was at fault. If this sounds like your situation, the good news is that you can still file a claim and get a fair settlement.
In addition to reading this blog so you know the basics about what to expect, securing an experienced motorcycle accident attorney is crucial. Our motorcycle accident personal injury attorneys offer a free, no-risk consultation so you can ask questions and decide if our firm is a good fit for you. If we take your case, you pay nothing until you win a settlement. No settlement, no fee.
What to Expect if You File a Motorcycle Accident Claim AND You Weren’t Wearing a Helmut
- First Things First: You Can File a Claim
Under California law, a person injured in a motorcycle accident has the right to file a motorcycle claim even if they were not wearing a helmet at the time of the accident. However, not wearing a helmet may affect the outcome of your claim. This is due to California’s comparative negligence rule.
- Comparative Negligence Rule
California’s comparative negligence rule means your compensation can be reduced by the percentage of fault assigned to you for contributing to your injuries. In other words, you may not be at fault for causing the accident, but you bear some responsibility for the severity of your injuries. If it’s determined that your injuries were more severe because you weren’t wearing a helmet, the court may assign you a portion (percentage) of the blame. This will reduce your overall compensation by that same percentage. For example, if you are found 20 percent at fault for the severity of your injuries because you were not wearing a helmet, and your damages total $100,000, your damages would be reduced to $80,000 after the reduction of 20 percent.
- Type and Severity of Injuries
If you broke a leg or suffered internal injuries, the fact that you were not wearing a helmet would likely not affect your compensation. Comparative negligence would have only been applied if the lack of a helmet would have made a difference. On the other hand, if you suffered significant head trauma, for example, comparative negligence would be applied.
Note: It is not unheard of for some insurance companies representing the at-fault party to attempt to use the lack of a helmet to lower compensation.
- Robust Medical Evidence is Vital to Compensation
An aggressive, skilled motorcycle accident attorney can make all the difference in such situations. That’s because you will want strong evidence to support the fact that your lack of a helmet did not impact your injuries.
Skilled and Affordable Legal Help is Available
Our personal injury motorcycle accident attorneys have decades of experience helping clients win the settlements they deserve. We bring a combined total of over 100 years of legal experience to our work. We fight for maximum, fair compensation for injuries and losses for every client we serve.
FREE Consultation and NO Upfront Legal Fees
Our free, no-risk consultation offers an opportunity to discuss the facts of your case and ask questions. We accept cases on a contingency basis only. This means you pay nothing until we win a settlement for you.
Schedule a free consultation today by calling Eason & Tambornini at (916) 438-1819.
