Have you or someone you know been in a motorcycle accident and are now dealing with the complexities of filing a claim? These accidents raise questions about liability and compensation, particularly regarding helmet use. If you’re wondering how it affects your rights and the outcome of your claim, here is a guide to help you.
Safety Benefits of Motorcycle Helmets
Wearing a helmet is one of the effective ways to reduce or prevent injuries in a motorcycle accident. It provides crucial protection for your head, minimizing the risk of:
- Direct Impact: Shielding your skull from fractures and brain trauma.
- Head Trauma: Absorbing impact to lessen the severity of concussions and other head injuries.
- Facial and Neck Injuries: Full-face helmets protect your face, while all helmets help stabilize your head and neck, reducing the risk of fractures and lacerations.
Additionally, helmets with bright colors and reflective materials make you more visible to other motorists and help you prevent accidents.
The Legal Impact: How Helmet Use Affects Your Motorcycle Accident Claim
In various US states, wearing a helmet is not only safe but required by law. If you weren’t wearing one during an accident, it could reduce your compensation, even if you weren’t at fault. Here’s why:
- Comparative Negligence: Not wearing a helmet may be seen as contributing to your injuries. This may lower your settlement.
- Insurance Tactics: To reduce your payout, insurers may argue that your injuries would have been less severe by wearing a helmet.
How Helmet Use Influences Your Compensation for Damages
Wearing a helmet can affect the compensation you receive for the following damages:
- Medical Expenses: Hospital bills, including surgery, treatment, therapy, and other future costs.
- Suffering: Compensation for emotional and physical distress.
- Lost Wages: Due to inability to work.
- Property Damage: Repair or replacement for your motorcycle and other belongings.
On the other hand, not wearing a helmet can reduce your compensation, even if the other party is mostly at fault.
Why Hire A Motorcycle Accident Attorney?
A seasoned motorcycle accident lawyer can be your advocate during this challenging time. Here’s how:
- Thorough Investigation: Conducting an independent investigation to build a strong case.
- Evidence Preservation: Securing accident scene photos, actual footage, and gathering key reports.
- Insurance Negotiation: Handling all communication and negotiations with insurance companies.
- Strong Legal Strategy: Creating a customized strategy to maximize your chances of success.
Get the Legal Support You Need After an Accident
Indeed, motorcycle accidents can affect your life long-term, which can cause physical and financial repercussions. If you or someone you love has been injured in such an accident, remember that you don’t have to navigate the complex process of motorcycle accident claims alone. Contact Eells & Tronvold Law Offices today to consult our attorneys. We’re here to help you secure the compensation you deserve.