Can not wearing a motorcycle helmet prevent compensation?
Riding motorcycles is a hobby for some people, and a lifestyle for others. Although it can be an enjoyable form of transportation, motorcycles also raise the risk of injuries to riders. Because a motorcycle offers little protection to its riders, it’s important to take the necessary safety precautions when on the road. One of the most important safety precautions you can take is wearing a helmet. Many motorcycle accidents result in head injuries that are sometimes life changing or fatal. Wearing a helmet can make all the difference if you are involved in an accident by lessening the blow of an impact to the head.
Laws Regarding Helmets
Some states do not have laws requiring motorcyclists to wear helmets. If you get in an accident without wearing a helmet, however, your insurance or settlement claim may be affected. In this case, insurance adjusters are likely to argue that, by not wearing a helmet, you are partially responsible for certain injuries you may have sustained. Regardless of who is at fault in an accident, the fact that you weren’t wearing a helmet can give them leverage that is likely to make your case more difficult.
Fortunately, in some states where you are not legally permitted to wear a helmet, the courts may side with the motorcyclist in an injury claim. In this case, evidence that you were not wearing a helmet will be inadmissible for the courts. Therefore, you are not considered negligent or liable for your injuries for having not worn a helmet. This means that compensation claims for damages, such as medical bills and lost wages, will not be affected.
Always Wear a Helmet
Regardless of whether helmets are required in your state or not, it is wise that you and any passengers wear a helmet whenever the motorcycle is in use. A government study found that helmets are approximately 37 percent effective in preventing motorcycle accident fatalities. Not only are they vital to your safety but they can prevent potential fines or penalties. This is especially true in states where helmets are required by law or if you are involved in an accident. Protective gear such as gloves, boots and other armor for the body should also be worn to prevent injuries in an accident.
In the case of an accident, a motorcycle accident lawyer, like a motorcycle accident lawyer Phoenix AZ turns to, in your state can help you determine your rights regarding the incident. They can help protect these rights and further your interests if a claim is necessary.
Thanks to our friends and contributors from Lorona Mead for their insight into motorcycle accident cases.