Passionate Advocates For The Injured

How Can Wearing A Helmet Affect Your Injury Claim?

On Behalf of | Firm News

There are numerous studies showing how wearing a helmet is important to staying safe on your motorcycle ride. Any Sherman Oaks motorcycle crash lawyer can tell you that crashing your bike is likely going to cause an injury or two, so it’s important to try to proactively protect yourself by wearing safety equipment.

Wearing a motorcycle helmet can reduce your risk of dying in an accident by 37% and your risk of serious injury by 13%. Brain and head injuries are very serious and take a long time to recover from, so it’s better to at least try to prevent them altogether.

On top of that, California has state-wide helmet laws mandating that motorcyclists wear them, so if you’re in an accident and sustain a head or neck injury, your compensation can depend on whether or not you followed this law. Not wearing a helmet in an accident that occurs in a state where there’s a helmet law will make it extremely difficult to get compensation for your injuries.

Negligence is the basis of California personal injury claims/ The other driver will argue that because you chose to ride your motorcycle without a helmet, you were negligent. Riding without a helmet in a state where it’s required will also add to this negligence claim.

One factor that will affect your motorcycle accident case is California’s doctrine of pure comparative negligence. Under pure comparative negligence, each party involved in the accident pays a portion of the other’s damages that directly correlates to their level of fault. For example, if the damages in an accident are $100,000, the party that is 70% at fault will pay $70,000 and the party that is 30% at fault will only pay $30,000.

Choosing not to wear a helmet will make you more negligent. When negotiating compensation, your Sherman Oaks injury lawyer will have an uphill battle getting you the maximum settlement, as you were not following the state’s helmet law. Taking the above example, the courts will likely put more fault on you, making your settlement smaller, since you weren’t wearing a helmet.

Wearing a helmet will protect both your body and your bank account. It’s important to choose one that is safety-approved, meaning it’s snug around your head and comes with plenty of padding. While our attorneys are talented in negotiating compensation, your own actions will also affect your settlement.

Make sure that you are wearing a helmet so that your liability in your accident is at a minimum; it will benefit your future claim!