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
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
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