Motorcycle Accident Lawyer
If I Was Injured in a Motorcycle Crash Caused by a Car Driver, Can I Recover Compensation Even if I Was not Wearing a Helmet?
Driving your motorcycle is one of life’s pleasures you hate to give up. However, since you were in an accident, you have had to retire from your riding days, at least until your body heals. You are running out of vacation pay, and your medical bills are starting to roll in. Is there any relief in sight? If you were a victim of a motorcycle versus motor vehicle accident, you might be eligible for compensation from the at-fault party’s insurance company. Your concern over whether or not you’ll be covered if you weren’t wearing a helmet can wind up being dealt with in a few ways, depending on the laws of the state in which you reside.
Comparative Negligence States
Some states have comparative negligence laws whereby an insurance company divides fault between the drivers. This applies in situations where one driver ran a red light and collided with a driver making an illegal right on red. In this instance, both drivers were wrong in some way, so the negligence and fault are split between the two. The vehicle that ran the red light may get more of the responsibility than the other, which means the driver with less fault can collect compensation in line with the percentage split. If you get in an accident while failing to wear a helmet in a state that splits the fault, you will get assigned comparative negligence. The opposing insurance company may believe not wearing a helmet proved you lacked consideration for your well-being.
When you were hit, your bike went down, and you wound up sliding a fair distance before coming to rest. Your injuries did not include your head, thank goodness, but instead dealt mostly with your lower extremities. When your injuries don’t have a thing to do with your upper body, an opposing insurance company would have a difficult time explaining to a judge why they did not accept your compensation claim due to your failure to wear a helmet.
State Helmet Laws
Some states don’t require riders to don a helmet while out for a ride. However, if the state you crashed in does have a helmet law, the insurance company may take that into account when determining your claim. Even if your injury didn’t have a thing to do with your not wearing a helmet, failing to follow the law may be used against you in calling your judgment and accountability into question.
Enjoying a ride out on your bike shouldn’t end in mountains of pain and debt. Hire a motorcycle accident lawyer in Bristol, TN and let them help you get what is rightfully yours.
Thanks to The Law Offices of Mark T. Hurt for their insight into personal injury claims and motorcycle accidents.