Helmets And Motorcycle Accidents: What Every Rider Should Know
Motorcycle safety often involves wearing a helmet while riding, but this does not mean every rider is always wearing a helmet. For this reason, when someone is involved in an accident and is not wearing an accident, they might have questions about their rights when filing a claim. While all circumstances are different, here is some of the information you should keep in mind regarding helmets and motorcycle accidents.
State Law Matters
When assessing your rights to file a claim, the first thing every person should do is review the state law. Again, while wearing a helmet is a helpful safety tool, not every state requires every rider to wear a helmet.
If state law does not require you to wear a helmet, the fact that you are not wearing a helmet at the time of the accident will likely have little bearing. However, if the victim was required by state law to wear a helmet and did not have one on, this factor would impact their case.
For accident victims that are required to wear a helmet but do not have one on, proving fault will be critical to the success of their claim. In this scenario, the victim often needs to prove that the other party's actions are solely to blame for the accident and their injuries.
In short, the victim must prove that the accident would have occurred even if they did have a helmet on, and their injuries would have been just as extensive. Proving fault, in this case, can be challenging and typically requires the expertise of accident reconstruction, which requires an attorney.
Failing to wear a helmet when the law requires you to do so could lead to shared liability. With shared liability, an insurance company might determine that while the other party was at fault for the accident, the fact that the victim was not wearing a helmet, at least, in part, contributed to the victim's injuries.
In this case, they will determine that the total value of the victim's loss, including property damage and medical bills, must be split evenly between the other driver and the accident victim. Similar to proving fault, you must have an attorney on your side to ensure you are compensated fairly.
If you or a loved one is involved in an accident, it is best to speak with an attorney to discuss your case's specifics and determine your rights.
To find out more, contact a motorcycle accident attorney today.