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.