No Helmet Motorcycle Accident Claim

No Helmet Motorcycle Accident Claim

December 27, 2021

Ellis Law Corporation

Motorcycle Injuries

Motorcycle accidents are a serious concern in the United States. Millions of people die each year because of them, and many more suffer from life-long injuries. Motorcycles can be very dangerous if riders don’t use all of the proper safety equipment, such as helmets, in order to protect themselves in case they have an accident.

What Does California Law Say About Helmets?

California law requires all motorcycle riders and passengers to wear a helmet while riding. This is a safety precaution that many states enforce in order to try and prevent serious injuries or death during an accident. If someone is injured in an accident and they were not wearing a helmet according to California state law, their claim may still be successful depending on the circumstances of the accident.

If adverse road conditions led to a person being injured while riding a motorcycle without a helmet in California, the rider may not be considered to be at fault for all of their injuries, despite the fact that they were not wearing a helmet.

If there were hazardous weather conditions, such as rain or fog, then the rider would not necessarily have been at fault, even though it is dangerous and illegal in California to ride without a helmet.

How Can You Overcome the Odds?

There are many factors that go into a successful personal injury claim. However, the main thing to remember is if you were not wearing a helmet when injured in an accident, then your chances of a successful claim may be lower. That doesn’t mean there’s no chance to recover compensation just because you weren’t wearing a helmet, though. It may just be more difficult.

For example, if the extent of your injuries proves that a helmet would not have made a difference, your claim could be accepted. Also, if the other driver was completely negligent or at fault, there’s also a good possibility that your claim could be accepted as well.

Pure Comparative Negligence

In California, even if you are partially to blame for an accident or injuries, you can still collect compensation. Personal injury claims in California are governed by pure comparative negligence, meaning you can recover compensation if you’re partially to blame, but the award you receive will be reduced by the percentage that you are found to be at fault. If the court finds that you are 40 percent at fault, your award will be reduced by 40 percent. Even if you are 90 percent at fault, you can still receive 10 percent of the awarded compensation. Don’t assume that just because you weren’t wearing a helmet you can’t recover anything.

Does Hiring the Right Lawyer Help?

Hiring the right lawyer is always important when trying to get the best outcome for your case.

A motorcycle accident lawyer who specializes in these types of claims will be able to hire expert witnesses who can analyze whether wearing a helmet would have made a difference in your particular situation, which can help increase your chances of succeeding in your personal injury claim.

There are many variables that can affect the outcome of a motorcycle accident claim, even if you weren’t wearing a helmet during the collision. It’s essential to hire a Los Angeles motorcycle accident attorney in order to learn more about the possible success rate of your claim. An experienced motorcycle accident attorney can make sure that your case has the absolute best final outcome.