Sullivan & Sullivan - personal injury lawyers

Free Initial Consultation – Se Habla Español

Available 24 Hours – Call Now Or Send An Email

Does failing to wear a helmet affect my crash case?

On Behalf of | May 4, 2018 | Motorcycle Accidents |

You know that it’s a good idea to wear a helmet when you’re on a motorcycle. The impact of another vehicle or hitting the road could instantly kill you or lead to significant head injuries if you don’t. Mandatory helmet laws are enacted in a number of states to help prevent serious injuries as a result of a motorcycle crash.

The trouble with this is that many people don’t wear helmets, so if they are hurt in a crash, they may not be in a position to file a claim (or so they believe). The reality is that you can still file a claim, but you may not be able to get as much in compensation as if you had followed the law specifically.

While there is an issue of your own negligence, it’s not as significant as you may think. Even with a helmet, certain injuries, like broken arms or legs, wouldn’t be affected. Even with an increased risk of a head injury, there’s no guarantee that a helmet will stop any or all injuries from occurring.

California law requires you to wear a helmet when you ride for your safety. Failing to do so is a bad idea for numerous reasons, but if you survive a crash, it doesn’t automatically mean you won’t be able to file a claim. It’s likely that your injuries are worse than if you’d been wearing a helmet, but it doesn’t negate the fact that the other driver made a mistake that led to your injuries. With some help, you can still fight for compensation.

Source: Forbes, “Helmet Laws and Motorcycle Accident Cases,” accessed May 04, 2018

FindLaw Network

Free Case Evaluation

Get Help Now