Motorcycle Accident Lawyer
Everyone knows that helmets can decrease the likelihood of traumatic brain injuries and other head injuries during a motorcycle crash. However, if you were not wearing a helmet at the time of your crash, this doesn’t mean that you were at fault. How does helmet law affect your car accident claim?
What Are the Helmet Laws?
Every state has its helmet laws, regarding motorcycles. In the 1960s, the federal government did require states to have motorcycle helmet laws to qualify for highway funds. However, in 1976, the government was no longer allowed to penalize states for a lack of compliance with helmet safety laws. Most states have some form of helmet law, but not all of the laws are as strict as others.
New Hampshire is the only state that does not have any motorcycle law at all. Some states restrict certain riders but not others. To find out about your specific state’s laws on motorcycle helmet use, it is important to discuss it with a lawyer.
Do Helmet Laws Matter?
After an accident, if your state has a motorcycle helmet law, you could have a citation for breaking the law. This can also affect your motorcycle accident claim. When you file a lawsuit against another driver, you are saying that he or she is responsible for your injuries. In some states, there are comparative negligence laws. This law states that you cannot sue someone or recover any compensation if the person is less to blame for your injuries than you are.
If you weren’t wearing a helmet at the time of your accident and suffered a severe head injury, there may be some question as to how liable the other driver is. Now, of course, if the other driver was driving recklessly and caused the accident, odds are he or she is more at fault than you are for the accident itself. However, if your injuries would have been milder if you had been wearing a helmet, then the law will take that into account.
If you weren’t wearing a helmet at the time of your accident, you could still have a claim against the other driver. If you were injured due to his or her negligence, then you can still file a claim because you weren’t at fault. To find out more about how to pursue your claim, contact a motorcycle accident lawyer, like from Martin Wren, P.C., as soon as possible for a consultation.