Helmet Laws & Motorcycle Accidents
Insight from Rancho Santa Fe Motorcycle Accident Lawyers
Riding a motorcycle without a helmet makes pursuing a personal injury case more difficult, but not impossible. The injuries from these accidents are severe, and the victims should still receive compensation for accidents that resulted from someone else's negligence.
For help determining your rights to compensation after an accident without wearing a helmet, call (858) 247-3828 to schedule a free consultation with our motorcycle accident attorneys in Rancho Santa Fe.
Understanding Helmet Laws
Many motorcyclists are resistant to laws forcing them to wear helmets, claiming they are unconstitutional. To date, helmet laws have not been overturned on these grounds, but the resistance in the community does assist in lawsuits where the victim was not wearing a helmet.
A primary argument from riders is that victims of accidents who forgot to wear a helmet or did not have immediate access to one should not be held liable for their injuries. Unlike a car's seatbelts, not everyone will have access to safety equipment when they need to ride their bikes, and therefore the laws regulating helmet wear is under scrutiny. Unfortunately, as the law stands now, not wearing a helmet will weaken your case, but not destroy it.
How Not Wearing a Helmet Impacts Your Case
Neglecting to wear a helmet merely increases the odds of sustaining an accident and the impact of the injuries-the fault still lies with the person responsible for the accident and does not negate recovery for the injured. Many defense attorneys will realize they cannot completely throw out the suit, and will instead try to mitigate their client's payout.
The steps a defense attorney must take in order to put fault on a helmetless motorcyclist include:
- Demonstrate that the motorcyclist was under a duty to operate the bike in a responsible manner.
- Prove that the motorcyclist failed in their duty to drive responsibly and are at least somewhat responsible for their accident.
- Show that the breach of duty was a proximate cause of the accident.
Merely not wearing a helmet usually does validate all of these claims, giving the motorcyclist's case a strong chance of receiving some recovery.
Find Out How We Can Help
Regardless of your personal feelings on helmets, you should not be held responsible for injuries sustained in an accident that was someone else's fault. Our Rancho Santa Fe motorcycle accident attorneys can meet with you and discuss the circumstances of your accident to determine what kind of settlement you are reasonably entitled to.
To learn more about helmet laws and motorcycle accidents call (858) 247-3828 and speak with us directly.