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Does Not Wearing a Helmet Affect a Motorcycle Accident Claim?

By Hess & Nghiem on August 3, 2020

Statistics show that motorcyclists have a higher chance of survival and less severe injuries if they wear a helmet. By not wearing a helmet, motorcyclists could be held partially liable for their damages under the legal concept of comparative fault. 

According to the Governor’s Highway Safety Association (GHSA), motorcycles have an estimated fatality rate that is 28 times that of passenger vehicles. In addition, motorcycles account for approximately 14 percent of all traffic fatalities in the United States. Motorcyclists who wear helmets are much less likely to suffer severe injuries or die if an accident occurs. Nearly 1,000 lives in our nation could be saved each year if all motorcyclists wore helmets every time they were on their bike. To help save lives in this state, California enacted a universal helmet law

What Affects a Motorcycle Accident Claim?

Many factors can impact the results of a motorcycle accident claim. Some of them can be mitigated by experienced Santa Ana car accident lawyers to maximize your compensation. Types of factors that may impact your claim include:

  • California state laws
  • Your actions leading up to the motorcycle accident, including whether or not you wore a helmet
  • The type and severity of your injuries

To find out more about motorcycle claims or learn what your case might be worth, contact our qualified Santa Ana car accident attorneys.

Helmets and Comparative Negligence

If you were not wearing a helmet at the time of your motorcycle accident, the concept of comparative negligence will come into play with your claim. Also referred to as comparative fault, this legal concept takes into account anything that the injured party might have done to contribute to their damages. Their monetary compensation can be reduced by the percentage in which the court finds them liable for the accident and their injuries.

For example, if you did not wear a helmet but sustained head injuries in an accident caused by another party, your settlement or court award will be diminished. If your case goes to trial, the jury will be instructed to assign each party a percentage of fault. If the jury determines that your claim is worth $100,000, but your fault is 40 percent, you would only be awarded $60,000 by the jury. Not only is it safer to wear a helmet while riding a motorcycle, but also, if you are in an accident, it can ensure maximum compensation. 

Contact Our Experienced Santa Ana Car Accident Lawyers

Even if you were not wearing a helmet, our Santa Ana car accident lawyers can still work to get you the compensation you deserve for your injuries. At Hess & Nghiem, we understand the challenges that come with being involved in a motorcycle accident. We help you navigate these challenges by taking every action possible to prove the other party’s negligence and your resulting damages.

Schedule your motorcycle accident case review with the experienced Santa Ana car accident attorneys at Hess & Nghiem. Call (657) 333-5726 or use our online form today.