Are Motorcyclists Without Helmets Liable for Accidents?
Unfortunately, motorcyclists are more at risk of sustaining injuries from a collision than vehicle occupants, as their bodies are exposed to dangers. Helmets are an essential safety precaution because they lower the risk of traumatic brain injury and death in motorcycle crashes. They soften impact and reduce the risk of severe head injuries by acting as a barrier between the rider’s head and hard surfaces. In most states, riding a motorcycle without a helmet is illegal.
Aside from improving rider safety, wearing a helmet is essential for establishing who is at fault in an accident. Insurance providers may blame a victim for the severity of their head injuries if they fail to use a helmet during the crash. This is why understanding the legal implications of helmet use and how it influences liability is crucial for motorcyclists involved in motorcycle accidents.
Is It Illegal to Drive a Motorcycle Without a Helmet?
Riding a motorcycle without a helmet may be illegal, depending on the jurisdiction. In numerous countries and states, motorcycle riders are required by law to wear helmets to protect themselves while driving.
For example, operating a motorcycle, motor-driven cycle, or motorized bicycle in California is unlawful if the driver or passenger fails to wear an approved safety helmet.
Moreover, the U.S. DOT Federal Motor Vehicle Safety Standard (FMVSS) 218 specifies regulations for motorcycle helmets to ensure their effectiveness in protecting riders. These standards include requirements for impact attenuation, penetration resistance, retention system performance, and field of vision. Helmets that satisfy FMVSS 218 have been developed and tested to provide maximum protection to motorcycle riders in various collision scenarios.
Currently, approximately half of the states in the United States mandate helmets for all motorcyclists. In most other states, helmets are required for specific riders, while a few states have no helmet laws. Motorcyclists must ensure they are aware of the helmet laws in their area, adhere to the law, and put their safety first.
How To Defend a Motorcycle Accident Claim Without Using Helmets
In a motorcycle accident, the driver who negligently acted and caused the collision must be liable for the damages of the crash. In such instances, their insurance provider should cover the damage expenses of the crash. However, most, if not all, insurance providers will find a way to reduce the settlement or dismiss your case so that they can shed little to no money.
If you are involved in a motorcycle accident, not wearing a helmet during the crash can be a way for the insurance provider to argue you are partially at fault for your injuries, resulting in a reduced settlement.
This is why it is crucial to follow the steps below to protect yourself and your rights in a motorcycle accident.
Seek Medical Help
In a motorcycle accident where the driver fails to use a helmet, having injuries is the basis for filing a personal injury claim. This means that you won’t have the right to compensation without any injury from the crash.
Hence, it is crucial to seek medical help after the motorcycle crash. This can ensure that you get the appropriate treatments for your injuries and document all the associated medical needs. Note that the documentation will help justify your injury and determine the value of your compensation.
Meanwhile, if you don’t feel anything after the crash, you must still contact a medical professional to have yourself evaluated. Sometimes, victims tend to suffer late-appearing injuries that may manifest days, weeks, or months after a crash. If you don’t have evidence that can link your injuries to the motorcycle crash, your case will be dismissed.
Gather Evidence
Aside from the health documents, the insurance provider will likely ask for other types of evidence to determine if your injuries and other damages result from the motorcycle accident. This is why collecting proof at the accident scene is crucial if you can.
Here are some types of evidence at the accident scene you may collect:
- Contact information of the individuals involved in the crash
- Photos or videos of the accident
- Contact details of witnesses
- A copy of the police report that contains details of the crash
Collect All Records
Timely record compilation can make it easier to file motorcycle accident claims and receive compensation for your injuries and property damage. Detailed records can speed up the claims process, as insurance companies usually need documentation to support your claim. This is why it is crucial to collect all documents associated with the crash, such as a diagnosis of your injuries, receipts of the vehicle repair, a certification from your employer that you missed work due to the collision, and others.
Moreover, thorough records might be essential evidence in your defense if you foresee being sued or having liability claims arising from the accident. They can support your account of events and assist in refuting claims of carelessness or shared liability.
Contact a Motorcycle Accident Lawyer
Defending a motorcycle accident claim can be challenging, particularly if you were not wearing a helmet during the crash. Even if the accident was not caused by your failure to wear a helmet, insurance companies might contend that your action exacerbated your injuries. Additionally, they may assert that your injuries stemmed from the lack of head protection rather than the accident itself, potentially leading to the rejection of your claim.
For instance, you decided not to wear a helmet since your destination was near your home in California. Unfortunately, a drunk driver hit you while driving. As soon as the insurance company knew that you weren’t wearing a helmet during the collision, they insisted that you contributed to the severity of your head injuries, reducing your settlement. As such a case, competent motor vehicle accident lawyers California can assess the facts of your case, collect evidence, prove liability and negotiate with the insurance provider to protect your right to compensation.
Remember that the lack of a helmet is not the direct cause of a motorcycle accident but rather a separate issue. Insurance providers know this; yet they will try to use this as an avenue to reduce your compensation. A motorcycle accident lawyer will help defend your claim by proving that the accident occurred due to the other driver’s negligence, which is unrelated to helmet usage.
