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March 02, 2021

Can I Sue for a Motorcycle Accident if I Wasn’t Wearing a Helmet?

Motorcycle accidents can be devastating and severe, leaving you hurt and suffering. Worse, you may not have been wearing a helmet, which left you exposed to more severe injuries. Now, you need compensation, but you may run into trouble because you weren’t wearing a helmet. You may be worried that you can’t even sue if you weren’t wearing a helmet.

Suing for a motorcycle accident when you weren’t wearing a helmet can be difficult. That’s why you may need help from the lawyers at Kohan & Bablove LLP. Our lawyer can review your claim and make sure you get the maximum compensation possible for your claim.

Motorcycle Helmet Laws in California

California is one of a few states that have universal helmet laws. That means, if you’re on a bike, you must also wear a helmet. There are no exceptions. You must also wear a helmet that meets standards set by the state’s Department of Transportation.

Because these helmet laws are strict, it can seriously hurt your claim if the at-fault party points out you weren’t wearing a helmet. Unfortunately, that can make it difficult to get the max compensation for your injuries.

Shared Fault and Your Compensation

In California, your claim may be impacted by comparative negligence, or shared fault laws. These laws state that if you’re partly at fault for the accident, your compensation will be reduced by a related percentage. If your injuries would have been less severe if you were taking care and wearing your helmet, you may lose part of your compensation because of that.

For example, the at-fault party may bring in expert witnesses to argue that, had you had a helmet, you wouldn’t have suffered a serious concussion. In these cases, you may need a lawyer for a strong defense. They may focus on proving you would have still been seriously injured, for example, or other details that could help you maximize your compensation.

Connect with a Lawyer to Protect Your Compensation

Losing any part of your compensation can be devastating for your claim, leaving you struggling to recover from your injuries.

At Kohan & Bablove LLP, we know you’re in a tough spot, and we’re here to help you recover. If you’ve been hurt in a motorcycle accident and you weren’t wearing a helmet, reach out for a free consultation. When you call 1-844-404-2400 or complete the following online contact form, we can discuss your options for a strong defense and the max compensation for your claim.