How Will Helmet Laws Impact Your Motorcycle Accident Settlement?
If you've been injured in a motorcycle accident, you'll almost certainly miss work and need medical care. Since cycles lack the protective frame and safety features of a regular automobile, riders may suffer extensive injuries in even a minor collision. Your helmet -- or lack of a helmet-- can impact the amount of money you receive for your damages, and may significantly reduce the settlement you are offered. Learn why helmets matter for more than safety and how they impact your personal injury case. There are several different scenarios that need to be considered, and the circumstances of your accident, extent of your injuries and whether you were wearing a helmet all come into play.
Scenario 1: You do not have a head or neck injury from your accident. In this case, it likely won't matter whether you were wearing a helmet or not. Since your injuries could not have been prevented by wearing a helmet, your wearing one is irrelevant, and should not have much impact on your case. If you were wearing your helmet, it can help to show that you are a responsible motorcycle owner. Other than that, not wearing a helmet in this case should not impact your claim.
Scenario 2: You have a head or neck injury and you were wearing a helmet. The fact that you were behaving responsibly and wearing a helmet should work in your favor. Your injuries may have been much worse if you had not worn a helmet, and the helmet itself can show the extent of the damage caused by the other driver. If your state has a helmet law, then showing that you were following the law and being responsible can only help your case.
Scenario 3: You have a head or neck injury and were not wearing a helmet: If your state does not have a helmet law, or has lax laws, your lack of a helmet can still damage your case, since the other party can argue that you were negligent and made your injuries worse by choosing not to wear a helmet. If your state has helmet laws and you were not wearing one at the time of your accident, this will significantly impact the settlement you receive, since you were breaking the law and risking injury by riding helmet free.
No matter what scenario suits your accident best, a personal injury attorney, such as those at Boucher Law Firm, can help you untangle the legal mess and maximize the amount of money you receive for your claim.