The Impact of Not Wearing a Helmet

You've been involved in a no-helmet motorcycle accident. If that's true, and you're still able to read this, consider yourself lucky. Riding without a helmet increases your risk of death in an accident by 37%. But how does this affect your personal injury claim against the other driver? If they were clearly at fault, does your lack of a helmet influence your case at all? It just might.

At Steelhorse Law, we're committed to empowering bikers to understand and defend their rights. Whether you were wearing a helmet or not at the time of the accident, we're here to guide you. We'll ensure that the opposition doesn't take advantage of your situation and help you secure the compensation you rightfully deserve.

The Reality of Wearing a Helmet

Before we delve into how not wearing a helmet affects your case, let's examine its impact on your life. Statistics clearly show that helmets save lives. According to the National Highway Traffic Safety Administration (NHTSA), 67% of brain injuries were prevented thanks to the use of a helmet. In 2022, 6,222 people were killed, most of whom were driving, in motorcycle crashes. If they had been wearing helmets, most would still be alive today, a shocking realization. However, even among survivors, severe head injuries from a motorcycle accident without a helmet-� may result in lifelong complications that could have otherwise been prevented.

Helmet Stats and Facts

• Unhelmeted riders face a much higher risk of sustaining a traumatic brain injury or dying.
• Helmets reduce the chance of dying by 41% for passengers.
• States without helmet laws saw 64% of all riders not use a helmet in their total fatalities.
• 35% of all motorcycle riders who died did not have a helmet on in 2022.
• Only 68% of riders in states without universal laws wear helmets that comply with federal safety regulations.

What to Know: Georgia and Helmets

Each state has the ability to create helmet laws as it sees fit. In Georgia, bikers and their passengers must wear a helmet, along with eye gear, unless the bike has a windshield or the helmet includes eye coverage. However, far too many people ignore this rule. The Peach State has "universal laws", such as wearing a helmet, that are required of all riders, regardless of age. Helmets must also comply with the Georgia Department of Transportation's (GDOT) safety standards, be approved by the Commissioner of Public Safety, and have a sticker indicating that they are in alignment with the Federal Motor Vehicle Safety Standard.

It Doesn't Change Liability

If you were not wearing a helmet at the time of the crash, this does not change who is liable. If it's clear that the other driver was responsible for the accident, your decision not to wear a helmet will not be considered a factor in this part of your case. However, you may receive a lower amount of compensation since you broke the law by not wearing a helmet. Even if you weren't wearing a helmet, you most likely still have a case that you can pursue.

Impact on Compensation for Injuries

Head and neck injuries are among the most severe and life-altering injuries resulting from vehicle accidents. They can leave an individual with a permanent disability, affect their ability to work and earn a living wage, and lead to lifelong pain and ongoing medical expenses. Naturally, it is understandable to seek compensation for such an injury.

However, if you were not wearing a helmet at the time of the accident, in that case, the defendant (or their insurance company) will likely argue that you share some responsibility for the injuries sustained: comparative negligence. As long as you were less than 50% responsible for the accident, you'll still be able to recover damages. They may also claim that, had you been wearing a helmet, your injuries would have been much less severe, or may not have occurred at all. This can result in a reduction in the compensation you receive.

If your injuries were not to the head or neck, your lack of a helmet will likely have minimal impact on your ability to collect compensation for your injuries. It is advisable to consult with your attorney regarding this issue to understand what kind of compensation you can expect, considering your lack of protective gear.

Steelhorse Law: Where Biker Bias Gets Beaten

If you were in an accident without a helmet and survived, you're fortunate. The NHTSA estimates that the number of deaths on motorcycles was almost 24 times higher than the number of deaths in cars in 2023. With that in mind, we recommend always wearing a helmet when riding your motorcycle. Helmets play a crucial role in keeping you safe on the road. Choosing a helmet that complies with all federal and state safety standards is a responsible decision you can make for your own safety.

Even if you decide not to use a helmet when riding and end up in an accident, remember that you still have legal options. It may also be the wake-up call you need to prioritize your safety and get a motorcycle helmet after an accident.

The team at Steelhorse Law will work ferociously to ensure you receive the compensation you are entitled to, whether you were wearing a helmet or not. We can help you understand your rights as a victim. Call now to schedule your consultation.