A Motorcyclist Wasn’t Wearing a Helmet When He Was In a Motorcycle Accident. Can He Still Obtain Compensation?

The large portion of all claims come from motorcycle accidents. Since motorcyclists are exposed to injuries in almost every accident, filling a claim against the person responsible for causing the accident is rather easy. However, there are some factors that may impact the claim and make it harder to obtain. One of those factors is the rider’s safety equipment or a helmet in particular. Can a rider seek compensation for his injuries if he did not wear a protective helmet at the time of the accident? The answer is a bit complicated.

Determining Factors

Even though it may seem easy to obtain compensation for the injuries sustained in a motorcycle accident, (not) wearing a helmet can have a huge impact on a motorcyclist’s claim. If it is evident that the other party involved was completely at fault for causing the accident, there should not be any problems with the claim. However, the second party’s insurance company may use the fact that you did not wear a protective helmet against you. That way, you may take partial or even full blame for your injuries.

There are some specific scenarios, such as:

• Getting a neck or head injury while not wearing a helmet
• Obtaining cuts on your face as a result of no protective helmet
• Getting eye injuries
• Losing a tooth due to the force of the impact

In these scenarios, you may receive part of the blame for not wearing a protective helmet. If the investigators can prove that you would not receive any of these injuries should you have had a helmet, you may not receive compensation at all. The best way to find out for sure is to speak with their knowledgeable Los Angeles motorcycle accident attorneys and find out if you have the right to seek compensation for your injuries or not.

Your Head and Neck Were Not Injured

You ended up in an accident, but your head and neck did not sustain any injuries. In this scenario, even though you did not wear a protective helmet, you can still seek compensation for your injuries. As the helmet did not affect the outcome of the accident, as long as you can prove that it was the other party’s fault for causing the accident, you are eligible to receive compensation for your:

• Pain and suffering
• Lost wages
• Medical bills
• Property damage

You should still turn towards your insurance company for motorcycle repairs, as it may take some time for your claim to conclude. Remember that you are going to need legal representation. Without an attorney, it may be hard to prove that you took reasonable precautions to avoid getting injured as you were not wearing a helmet. For that and other reasons, contact motorcycle accident attorneys in Los Angeles as quickly as you can following the accident. The initial consultation is free, and you will receive a free case evaluation, as well as legal advice on the best course of action. What are you waiting for? Pick up your phone and call at 818-610-8800 today.

What Are The Differences Between Personal & Bodily Injury?

The most common question people ask when it comes to collecting insurance or filing an insurance claim is – what is the difference between a personal injury and a bodily injury?

Even though these two sound almost the same, they are very similar but cover two separate things. Below is all the information you need to understand the basic difference between a personal and bodily injury, and how you can learn to tell the difference between the two.

Personal Injury

When an individual suffers injuries from accidents (car accident, truck accident, bike accident, slip, and fall accidents) or from defective products, that individual has the right to seek compensation for a personal injury. This also applies to the family of the deceased if the individual lost his/her life as a result of the accident. In that case, the surviving family has the right to file a wrongful death claim.

Personal injury is an element of civil law. In order to be able to file and collect a personal injury claim, the injured individual has to prove liability. If it can be proven that the other party (or parties) involved in the accident were at fault for causing the accident, then the plaintiff (the injured individual) has the right to seek compensation for:

• The lost wage
• The medical costs
• Pain and suffering

Negligence plays an important role in every personal injury claim. Every Los Angeles Personal injury attorney knows that proving negligence will win the case. To prove negligence, every attorney has to investigate the accident and collect enough evidence to support the plaintiff’s case. This involves:

• Proving that the accused had a breach of a duty of care
• Proving that the accused was distracted at the time of the accident
• Proving that the damages that the plaintiff suffered resulted from the accident

Bodily Injury

On the other hand, a bodily injury usually refers to a particular injury sustained in a motor vehicle or car accident.

It is way more limited, and it may also imply to injuries sustained by another person in a car accident. In a specific insurance context, a bodily injury is a type of an insurance policy which compensates the victim of an accident. The compensation is received through the at-fault party’s insurance company.

It is essential to go through the accident, police report and the medical report to find out what happened and who was responsible for causing the accident. After that, the insurance company will approach the plaintiff and try to settle outside the court.

If you are approached by insurance adjusters, you should call your attorney right away. If you do not have one, consult with personal injury attorneys in Los Angeles at JML Law immediately and seek their legal advice. They are your best shot at securing the highest compensation possible after sustaining a specific bodily injury.

Even though a personal injury and a bodily injury have a lot of in common, they are two separate types of injuries. For more information, feel free to call an attorney and schedule a free consultation today.