Filing a Claim if I Failed to Wear a Helmet

 

Riding a motorcycle is an experience that is enjoyed by many, whether driving through the mountains or commuting to work. Although this can be an excitable recreational activity, if you were in an accident and did not take the appropriate safety measures, you could be severely injured. It is incredibly common to suffer from a head injury as the result of a motorcycle accident. Chances of suffering from a traumatic brain injury decrease greatly by wearing a helmet. If you are in an accident with a helmet, the impact on your head will greatly reduce.   

 

Helmet Requirements by State

Helmet laws vary by state, in some, it is not illegal to ride a motorcycle without a helmet. Despite this, if you were not wearing a helmet and had an accident, an insurance adjuster may hold it against you. Insurance adjusters will blame your injuries on your failure to wear a helmet. This could occur regardless of whether or not another driver was at fault. In some cases, they have made it very difficult to obtain an award, and may even reject a victim’s claim.

 

When the Courts are Involved

Thankfully, it is more common for the courts to favor a motorcyclist, regardless of whether or not they were wearing a helmet. As a result, you will not be penalized for not wearing a helmet if you were to attempt to recoup for:

  • Lost Wages
  • Emotional Distress
  • Medical Bills and Expenses
  • Pain and Suffering
  • Property loss

In some states, the lack of a helmet is not even considered evidence that could be used against a motorcyclist. As a result, the court will not find you negligent in the event that you did not wear a helmet. You may be entitled to receive compensation if the person who caused the accident is found negligent.

 

A Helmet Could Save Your Life

Although you are not required to wear a helmet in all states, it’s still a good idea to do so. Wearing protective clothing and gear can make all the difference when it comes to mitigating injuries in an accident. Be sure to wear appropriate clothing such as:

  • Gloves
  • Helmets
  • Jackets
  • Armor
  • Riding boots
  • Long pants

When it comes to a motorcycle accident, wearing the appropriate gear can mean the difference between life and death. Before you get on a motorcycle, remember the importance of wearing a helmet when tempted to go without one.  

 

It is wise to always wear a motorcycle helmet when enjoying the open roads. A motorcycle accident attorney Phoenix AZ trusts may be able to provide further information if you have suffered a motorcycle accident. In most cases, accident attorneys offer their initial consultation for free, meeting with them is at no risk to you financially.   


 

Thanks to our friends and contributors from Lorona Mead for their insight into motorcycle cases.