Motorcyclists are in a vulnerable position on the road. These vehicles are much smaller than other vehicles, like passenger cars or large commercial trucks. Because of their vulnerability, motorcyclists should always wear a helmet.
If the motorcyclist did not wear a helmet, their legal claim might be in trouble. Speak to an experienced attorney to learn more about your options and how to protect your interests after a motorcycle accident. Do not wait- get a motorcycle accident lawyer now!
Request Your Free Consultation
Motorcycle Accident Statistics
According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists represented a disproportionate number of deadly accidents across the country in a recent year. Here are some statistics that the CDC published reflecting motorcyclist safety:
- More than 6,000 people died in motorcycle accidents nationwide.
- Fatal motorcycle accidents represented 15 percent of all deadly accidents across the country.
The CDC recommends that all motorcycle riders wear a helmet at all times while riding their bikes. Wearing a helmet does have many safety benefits-protection of the rider’s skull, minimization of the risk of serious injury, and compliance with state safety regulations, but failure to wear a helmet does not disclaim your right to full and fair compensation after an accident. If you have suffered an injury or you lost a loved one in a motorcycle accident, you need a lawyer.
How Does Not Wearing a Helmet Affect My Legal Claim?
Not wearing a helmet can affect your legal claim after a motorcycle accident in many key ways, depending on state laws and the specifics of your case. Here is how not wearing a helmet can impact your motorcycle case:
The Type of Injuries Matters
Not wearing a helmet might impact the viability of your legal claim depending on the type of injury you suffered. If you suffered a head, brain, or facial injury, the insurance company will likely argue that your injuries were preventable with a helmet. On the other hand, if your injuries involve broken bones, spinal damage, or internal injuries, not wearing a helmet is less relevant to your claim.
State Helmet Laws and Legal Implications
There might be laws that will be implicated if you did not wear a helmet when the accident happened. Some states have mandatory helmet laws for all riders, while others require helmets only for riders under a certain age. If you violate a state’s helmet law, insurance companies may use this against you to reduce or deny your claim.
Insurance Company Tactics
Some insurance companies look for any reason to reduce your payout. If you are not wearing a helmet, the insurance company has an argument against you. They might assert that you know the risks and choose not to protect yourself. They might claim your injuries are your fault because you did not wear a helmet. If the insurance company does accept your claim, they will try to deny paying it fully, claiming that your medical costs would not be as high if you had worn a helmet.
What Can I Do If I Did Not Wear a Helmet?
Do not worry. You can still file a legal claim for damages if you did not wear a helmet while riding your motorcycle. You may still be eligible to be compensated for medical expenses, lost earnings and reduced earning capacity, pain and suffering, or property damage if these losses apply to your case.
An attorney can help argue for collecting the compensation that you deserve after a motorcycle accident.
Common Injuries After Motorcycle Accidents
If you do not wear a helmet in a motorcycle accident, the risk of severe or fatal injuries increases significantly. Here are the most common injuries riders suffer without helmet protection:
Traumatic Brain Injuries and Head Trauma
Without a helmet, the skull is completely exposed to impact. Traumatic brain injury can result in cognitive impairment, memory loss, and even permanent disability. Certain brain injuries, like bleeding in the brain, can lead to strokes, coma, or death.
Facial and Jaw Injuries
Helmets protect the rider’s face and jaw. The lack of a helmet leaves these areas vulnerable to serious injuries. A rider might suffer a fractured jaw when they make contact with the ground. A broken nose and cheekbones can require reconstructive surgery to fully treat. A motorcycle accident victim might find themselves suffering from chipped or knocked-out teeth from the direct impact of a crash, which can require expensive dental treatments to fix. If debris or direct trauma affects the eyes, the motorcyclist might now live with a permanent disability.
Scalp and Facial Lacerations
Failing to wear a helmet can easily cause the accident victim to suffer deep cuts and abrasions when they hit the ground. These cuts and abrasions can cause disfigurement and scarring. Serious cuts can cause severe blood loss. Any exposed wounds can bleed heavily and may require emergency medical care.
Neck and Spinal Cord Injuries
Helmets can protect motorcyclists from neck and spinal cord injuries. A broken neck can cause paralysis or death. Spinal cord damage can lead to a permanent disability, including quadriplegia or full-body paralysis. Whiplash, a seemingly innocuous injury, can impact the motorcyclist’s quality of life and is typically caused by extreme jerking motion that can damage soft tissues and nerves.
Internal Brain Swelling and Pressure
Not wearing a helmet can cause the victim of a motorcycle accident to suffer brain swelling. Brain swelling can end in coma or death if it is not treated. A Diffuse Axonal Injury (DAI) is a severe form of brain damage that disrupts nerve connections, often leading to a vegetative state.
Death
Motorcycle accidents can be deadly. Riders without helmets are much more likely to suffer fatal injuries in accidents. A helmet can significantly increase the odds of surviving a potentially deadly accident.
Request Your Free Consultation
What Compensation Is Available After a Motorcycle Accident?
The compensation available after a motorcycle accident varies depending on the facts of the case. Speak to an accident attorney to determine what compensation is available in your case. Generally, motorcycle accident victims can seek the following types of compensation:
Economic Damages
Economic losses include the physical and tangible losses that motorcycle accident victims might face after a crash. These losses are usually easy to quantify, but speaking with an attorney is the best way to know that you did not overlook any of your damages. Examples of economic damages include:
- Current and future medical expenses
- Current and future lost income
- Lost earning capacity
- The cost of rehabilitative care
- The cost of hiring domestic assistance
- Property damage
Non-economic Damages
Non-economic damages include the less obvious losses an accident victim faces after a crash. You must discuss your potential non-economic losses. Here are some common examples of non-economic damages:
- Pain and suffering
- Mental anguish
- Emotional trauma and distress
- Disability
- Inconvenience
- Loss of enjoyment of life
- Reduced quality of life
- Loss of consortium
Punitive Damages
In rare cases, courts will award punitive damages to victims. Punitive damages are not meant to compensate the victim. Courts award punitive damages when the defendant’s actions are egregious, and the court wants to ensure that similar actions do not happen in the future. These damages are not always available, so discuss the availability and likelihood of collecting punitive damages in your case.
Wrongful Death
In cases when the victim loses their life because of an accident, their families might have a legal claim against the party responsible for the accident. Wrongful death law is complex. An experienced attorney can help you and your family get the financial compensation that you deserve after a fatal motorcycle accident. Typical compensable losses in wrongful death cases include:
- Funeral and burial costs
- Loss of the deceased’s income
- Loss of support or guidance
- Loss of benefits
- Mental and emotional damage and pain and suffering
Speak to an attorney after a motorcycle accident to learn more about your legal right to compensation after a crash. You deserve to recover compensation rightfully owed to you or your family.
How Can a Motorcycle Accident Attorney Help Me?
If you were in a motorcycle accident, you might be entitled to recover compensation, even if you did not wear a helmet. Having an attorney working on your behalf offers serious protection to your legal claim after a crash. Here is how you can use an attorney to get what you deserve after an accident:
Investigating the Cause of the Accident and Gather Important Evidence
You will need to present sufficient proof of how the accident happened to win your case. An attorney will look for evidence that proves your injuries were not your fault. They will collect police reports, witness statements, traffic camera footage, and accident reconstructions to prove fault. Your motorcycle accident lawyer may work with accident reconstruction experts to establish how the crash happened. They will gather medical records to connect your injuries to the accident.
Handle Insurance Companies and Negotiations
Settlement negotiations are a large and important part of any accident claim. Because this is an important part of getting the compensation you deserve, insurance companies can be intimidating. They use tactics to get you to settle early for less than what you are owed. Insurance adjusters often lowball riders or deny claims altogether. Your attorney handles all communications and prevents the insurer from using your words against you. They negotiate aggressively to get maximum compensation for medical bills, lost earnings, pain and suffering, and property damage.
Proving Liability after the Accident
Proving liability is essential in a motorcycle accident case. The liable party is responsible for paying the other party’s damages. An attorney will help ensure you do not pay for an accident you were not responsible for causing. If another driver’s negligence caused the crash, your attorney gathers evidence to hold them accountable. Through their investigation, your motorcycle accident lawyer will identify all responsible parties and establish liability clearly to increase your chances of winning compensation.
Calculating Your True Damages
Having an attorney take a closer look at the details of your case can make all the difference as you try to get full and fair compensation. An accident will look to determine the full financial impact of your accident. Insurance companies often undervalue motorcycle claims, but your lawyer will fight to make sure you get every dollar you deserve.
Filing a Lawsuit if Necessary
Many accident cases are resolved during the settlement negotiations phase. However, if the insurance company is unable to offer you a satisfactory settlement, then your lawyer will file a lawsuit for you and continue your case to trial for resolution. Your lawyer will handle all court paperwork, depositions, and trial preparation. If the case goes to court, they represent you in trial to fight for the maximum verdict. Many insurance companies settle higher once they see you have a strong legal team.
Fighting Claims of Shared Fault
Insurance companies will try to blame shift, especially if you are not wearing a helmet. An attorney can help fight back against these types of arguments. In helmet-related cases, an attorney might argue that even if you were not wearing a helmet, you still deserve compensation for non-head injuries, for example.
Handling Wrongful Death Claims
In cases when the victim loses their life in a motorcycle accident, their family will need an experienced wrongful death attorney to help them assert their rights against the defendant. If a loved one was killed in a motorcycle crash, an attorney can file a wrongful death claim for funeral costs, burial expenses, loss of income and financial support, and emotional suffering endured by the family.
Contact a Motorcycle Accident Attorney Today!
Contact an understanding law firm that can meet your needs after a motorcycle accident. From medical bills to lost earnings and emotional distress, you deserve justice and full compensation for your injuries. An experienced motorcycle accident attorney can help fight for you every step of the way.
Do not wait—start protecting your rights today. Contact a personal injury lawyer to help you get the compensation you deserve. Your recovery starts with the right legal team—start creating yours now!