One important consideration following a motorcycle crash is the use of a motorcycle helmet and how it might affect your accident case. It's important to understand that wearing a helmet can possibly affect the outcome of your case. However, it is still worth exploring a possible claim, as many injured motorcyclists still obtain significant compensation even when they were not wearing a helmet.
Not wearing a helmet can potentially be used against you by the other party and their insurance company to argue that you were negligent or not taking proper precautions. This is especially true in states with helmet laws.
However, always remember that even if you weren't wearing a helmet, you still have rights and legal options to pursue compensation for your injuries. Your choice to forgo a helmet does not negate the driver’s negligence in hitting you.
If you are in this situation, it is particularly critical to seek the guidance of a skilled motorcycle accident attorney who can sort through the challenges of your case and fight for the justice you deserve.
Contact an experienced Jacksonville motorcycle accident lawyer near you today to discuss your case and protect your rights.
Wearing a Helmet Might Strengthen Your Case, Especially if You Have a Head Injury
Every detail matters in a motorcycle accident case. You can be sure the insurance company of the liable driver will verify whether you were wearing a helmet or not. Not only is helmet usage a matter of personal safety, but it can also play an important role in determining liability and the compensation you deserve.
If you were wearing a helmet and still sustained a head injury in the accident, it can serve as valuable evidence. The helmet can indicate the force of the collision and might point to speeding or other severe negligence by the driver. In a legal setting, this evidence can significantly bolster your case and help establish the fault of the other party.
Insurance companies and opposing attorneys often try to downplay the significance of head injuries. However, having a helmet with visible damage can provide tangible proof of the severity of the impact. This evidence can help counter any arguments minimizing your injuries and show that the accident was severe enough to cause significant harm.
In the eyes of the court and jury, wearing a helmet demonstrates a commitment to personal safety. It shows that you took responsible precautions to protect yourself. This can help build a favorable impression and contribute to the overall strength of your case.
If you have been injured in a motorcycle accident and were wearing a helmet, you should first get medical treatment and then consult with an experienced motorcycle accident attorney. They can assess the extent of your head injury, gather necessary evidence, and build a compelling case on your behalf.
Remember, wearing a helmet should not only be a priority for personal safety but also a strategic choice to strengthen your motorcycle accident case.
Not Wearing a Helmet Does Not Invalidate Your Claim
We just discussed how a motorcycle helmet can protect you from severe head injuries and reduce the risk of fatality in case of an accident. However, it's important to debunk a common misconception that not wearing a helmet automatically invalidates your claim if you are involved in a motorcycle accident.
While wearing a helmet is strongly recommended and can play a significant role in your personal safety, it does not determine fault or liability in a motorcycle accident case. In many other states, motorcycle riders over the age of 21 who have successfully completed a motorcycle safety course are not legally obligated to wear a helmet. This means that even if you were not wearing a helmet at the time of the accident, you can still pursue compensation for your injuries and damages.
Negligence or fault in a motorcycle accident is determined based on factors such as:
- Traffic laws
- Driver behavior
- Road conditions
- Other relevant evidence
The absence or presence of a helmet does not automatically absolve a negligent party from responsibility. If the other driver involved in the accident was at fault, their negligence and actions will be primarily considered when assessing liability and determining compensation. After all, your choice to not wear a helmet did not cause the crash to happen, and wearing a helmet likely would not have avoided a collision in any way.
While not wearing a helmet may not invalidate your claim, it is important to note that it can potentially affect the amount of compensation you receive. This is because your decision to not wear a helmet might have contributed to the severity of your injuries.
Insurance companies and defense attorneys may argue that your decision to not wear a helmet increased the severity of your injuries, especially head injuries, and may use this as a strategy to minimize your claim. They may assert that your failure to wear a helmet means your actions contributed in part to the harm you suffered.
In many states, your compensation may be reduced if you contributed to your injuries. The insurance company will only cover the portion of your injuries caused by its policyholder, so it will make this determination. Never simply trust the insurer’s determination of how much fault you contributed. Instead, have your motorcycle accident lawyer conduct their own analysis.
Your attorney will challenge insurance companies if they assign too much blame to you in an attempt to reduce your compensation too much. They can call on experts to give opinions regarding head injuries and how much you may have still suffered with a helmet. This is only one example of how a motorcycle accident attorney can fight for maximum compensation in this situation.
Contact A Skilled Motorcycle Accident Lawyer Today
After a motorcycle accident, if you are facing arguments regarding helmet use and your level of fault, immediately seek help from a skilled motorcycle accident attorney. Contact a lawyer near you today to schedule a consultation and discuss your case.
Don't let the arguments regarding helmet use affect your ability to receive fair compensation for your injuries. Take the necessary steps to protect your rights and seek the justice you deserve. Speak with a knowledgeable injury attorney in Jacksonville, TX today for free.
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