Can I Still Get Compensation If I Wasn't Wearing a Helmet in a Motorcycle Crash?

Jun 11, 2022


Thank you for visiting the website of the Law Office of Stanley E. Robison, Jr. We specialize in personal injury cases, and in this article, we will address a common question asked by motorcycle accident victims: Can I still get compensation if I wasn't wearing a helmet at the time of the crash?

The Importance of Wearing a Helmet

Before we explore the legal aspects, it is crucial to understand the importance of wearing a helmet while riding a motorcycle. Helmets are designed to protect riders from head injuries, which can be severe or even life-threatening. Wearing a helmet significantly reduces the risk of head trauma, brain injuries, and fatal accidents.

Legal Considerations

Now let's delve into the legal implications of not wearing a helmet during a motorcycle crash. Every state has its own set of laws regarding helmet use, and these laws may influence your ability to seek compensation. However, the absence of a helmet does not automatically eliminate your right to pursue a personal injury claim. Many factors come into play when determining liability in a motorcycle accident case.

Contributory Negligence

Some states follow the principle of contributory negligence, which means that if you were partially at fault for the accident due to not wearing a helmet, your compensation may be reduced. However, even in contributory negligence states, you may still be entitled to receive some degree of compensation, particularly if other parties involved were also at fault.

Comparative Negligence

In other states that apply comparative negligence, compensation is determined based on the percentage of fault assigned to each party involved. If it is found that the other driver's negligence caused the accident and that your lack of helmet was not the primary cause of your injuries, you may still be eligible for compensation.

Evidence and Legal Representation

When seeking compensation after a motorcycle accident, it is vital to gather all possible evidence to support your claim. This evidence may include medical records, witness statements, accident reports, and expert testimonies. Hiring an experienced personal injury attorney, like the Law Office of Stanley E. Robison, Jr, can greatly enhance your chances of securing the maximum compensation you deserve.

Contact the Law Office of Stanley E. Robison, Jr.

If you have been involved in a motorcycle crash and were not wearing a helmet, do not hesitate to reach out to us. Our dedicated team of legal professionals is here to provide expert guidance and support throughout the entire legal process. We understand the complexities of personal injury cases and will fight tirelessly to protect your rights and secure fair compensation on your behalf.

Remember, the failure to wear a helmet does not automatically disqualify you from seeking compensation. Each case is unique, and various factors contribute to the outcome. Contact the Law Office of Stanley E. Robison, Jr today for a consultation, and let us help you navigate the legal complexities while you focus on your recovery.