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Motorcycle Accident Claim: Impact of Not Wearing a Helmet

You've been involved in an accident on your motorcycle—and you weren't wearing a helmet. If that's true, and you're still around to read this, you should consider yourself lucky. Riding without a helmet increases your risk of death in an accident by 37%. But how does it impact your personal injury claim against the other driver? If they were clearly at fault, does your lack of a helmet impact your case at all? It just might. Keep reading to learn more.

The Stats on Wearing a Helmet

Before we get into the details of how not wearing a helmet impacts your case, we want to talk about how it can impact your life. Statistics make it abundantly clear that helmets save lives. In 2016, a total of 5,286 motorcyclists died in crashes. Of those who died, helmets could have as many of 1,859 of them. Approximately 41% of motorcycle drivers who die in accidents are not wearing a helmet. Even among survivors, severe head injuries can lead to lifelong complications that could have otherwise been prevented. So, if you were in an accident without a helmet and you survived, you're lucky, and we hope that you'll elect to wear a helmet every time you mount your motorcycle in the future.

It Doesn't Change Liability

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

Impact on Compensation for Injuries

Head and neck injuries are some of the most severe and life-altering injuries in any kind of vehicle accident. They can leave someone with a permanent handicap, impact their ability to work and make a living wage, and leave them with lifelong pain and ongoing medical expenses. Of course, it's natural to want to receive compensation for such an injury.

However, if you were not wearing a helmet at the time of the accident, the defendant (or their insurance company) will likely argue that you are partially to blame for the injuries sustained; if you'd been wearing a helmet, those injuries would have most likely been much less severe, or may not have occurred at all. This can result in a reduction in your compensation amount.

On the other hand, if your injuries were not to the head or neck, your lack of a helmet will likely have little impact on your ability to collect compensation for your injuries. Of course, it's best to consult with your attorney on this matter to get their opinion on what kind of compensation you can expect, considering your lack of protective gear.

If you've been in an accident on your motorcycle, give us a call. Whether you were wearing a helmet or not, we can help you to understand your rights and ensure that you receive the compensation you deserve. Call now to schedule your consultation.

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