California state laws require that drivers and passengers of a motorcycle wear a helmet. This law is specified in Vehicle Code Section 27803. Apart from increasing the chances of serious head injuries, not wearing a helmet can also result in a fine, and in some cases, it may affect your motorcycle compensation case.
In this article, we will take a look at how not wearing a helmet can affect your motorcycle accident claim case in California.
Motorcycle Accident Claim When Not Wearing a Helmet
Whether wearing a helmet will affect your motorcycle accident claim will depend on the part of the body where you had sustained an injury. If the motorcycle injuries did not occur on the head or neck, not wearing a helmet will have a negligible effect on your case. This means that your chances of collecting compensation for damages from the person responsible for the motorcycle accident will remain the same.
However, if you had sustained brain or neck injuries, your motorcycle accident compensation case will be affected if you were not wearing a helmet. The defendant’s insurance company could argue that you were partially blamed for the accident since you were not wearing a helmet during the accident. This can result in reduced compensation amount.
In addition, you must convince the judge that your injuries would have occurred even if you were not wearing the helmet to obtain any compensation. This is usually difficult to prove in the court without the help of an experienced motorcycle accident attorney.
To Sum Up — Always Wear a Helmet
Wearing a helmet is essential as it will reduce the chances of fatal injuries, and it’s mandatory by California law. On top of that, in case of a motorcycle accident, your compensation claim will not be affected if you were wearing a helmet.
Keep in mind that you will be pitted in the court against the other driver’s insurance company who will try to use all their legal resources to minimize the compensation amount that they will have to pay to you. If you were not wearing a helmet, their goal will be to show the irresponsibility and danger of failing to protect yourself.
That’s why you should contact an experienced motorcycle accident attorney when making a compensation claim. An attorney will guide you through the complex legal process and also increase the chances of getting maximum compensation amount from the guilty driver.
If you reside in Santa Ana, or any area in Orange County, CA, you can contact Shield Litigation, LLP. We have a team of highly experienced motorcycle accident lawyers who can help you maximize the compensation amount. For a free initial consultation, you can contact us today by dialing (714) 728-338.