Motorcycling is dangerous like every other vehicle. The risk of danger increases if the motorcyclists ride without a helmet. There are chances of suffering a severe brain injury if you get in a crash. Consult a motorcycle accident attorney to seek legal help regarding your case.
Filing claim
There is a misconception that the victims of motorcycle accidents cannot file a claim if they are riding without a helmet. In reality, they can file a claim. They even have a chance of winning the claim if they can prove that the accident happened due to the negligence of other motorists on the road.
What happens if the rider is wearing a helmet?
Suppose the motorcyclist gets into a road accident while wearing a helmet. In that case, he can avoid the possible brain injuries as the helmet will reduce the impact on your skull and protect it from getting directly affected in the crash. Furthermore, the motorcyclist will not be blamed for the severity of injuries by the insurance company and the lawyer hired by the opposition.
If the victim gets injured with the helmet, the lawyer can fight against the possibility of more severe injuries without the helmet. This facilitates turning the case against the other driver and gaining sympathy for the victim. The case becomes stronger in such instances, and the chances of receiving compensation increase.
However, if the victim did not get injured in the head, the point of wearing a helmet becomes irrelevant. But it can be used to prove that the motorcyclist is responsible and follows the guidelines set for road safety.
What happens if the rider is not wearing a helmet?
If you get into an accident without a helmet and get injured in the head, the insurance adjuster may try to hold you liable for the injury. The insurance company will deduce your compensation amount according to the proportion of fault or liability held by you.
They might argue that the accident would not have occurred if you were sincere in wearing a helmet.
Suppose you live in a state with comparative fault law; your amount of compensation will be given on the percentage of liability, which can result in lower compensation depending on the fault.
Seeking legal help
Regardless of the complications, it is still possible to hold a viable injury claim even if you did not wear a helmet. Consult an attorney regarding your case to discuss your legal options. The lawyers are professional in handling motorcycle accident cases. They will assist you in reimbursing the losses caused by accident and represent you in court.
