What if I wasn’t wearing a helmet during a motorcycle accident? If you were not wearing a helmet during a motorcycle ride and suffered an accident, you may still be able to file a personal injury claim against the at-fault party, depending on the circumstances. Insurance companies may reduce the amount of compensation paid to you if the injuries you have are partially due to the lack of a helmet.
To seek a claim against another party, you must demonstrate that they are at fault and meet all of the state’s legal requirements. There are several factors that could play a role in your ability to recover damages, and working with a Las Vegas motorcycle accident lawyer from Shook & Stone is a vital one.
Crash Fault Is Considered
The first factor in determining what happens if you are in a motorcycle accident without a helmet is fault. Most often, the evidence from the scene will determine who is at fault, including eyewitness statements, surveillance or traffic footage, and the reports from the police officer responding to the accident scene. Insurance companies may also play a role in determining fault.
State laws play a role in your ability to seek compensation if you are found to be partially at fault. Nevada follows a modified comparative negligence rule, which means you can seek compensation from the other party if you share some of the fault, but it cannot be the majority of the fault. If you are found to be 51% or more at fault, you are barred from seeking any compensation.
The lack of a motorcycle helmet does not automatically make you at fault for the accident, though. If you are under 50% at fault, your attorney will work with you to minimize the percentage of fault attributed to you. Ideally, you are not at fault at all. If you are at fault to some degree, you can still seek a claim, even if you did not wear a helmet. Speak with a Las Vegas personal injury lawyer from Shook & Stone.
Consider State Laws Related to Helmets
Every state sets rules for who must wear a helmet on a motorcycle. For example, in Nevada, all people riding a motorcycle, including the operator and the passenger, must wear a helmet. Under Nevada’s motorcycle helmet use laws, you could face fines from the police for not wearing a helmet.
If you are not wearing a helmet and you are in a motorcycle accident, your injuries may be more serious than if you were wearing a helmet. This does not mean you are barred from filing a personal injury claim. But it does indicate you violated the law, and insurance companies could take that into consideration.
Keep in mind that in Nevada, your helmet must meet all federal U.S. Department of Transportation standards. You must also wear goggles, a face shield, and glasses if your motorcycle helmet does not provide this protection. You could see points added to your license for not wearing a helmet. A Las Vegas catastrophic injury lawyer from Shook & Stone can assist with your case.
Reduced Compensation Paid to You
The insurance company may argue that your injuries are worse because you were not wearing a helmet. They may say, for example, that you would have suffered such traumatic brain injuries or that your concussion was worsened by the lack of a helmet. Again, that does not mean you cannot receive compensation, but it could lead to a reduction in the compensation you receive.
The insurance company may say they will not pay for any head-related injuries or complications from those injuries because you chose not to wear a helmet knowing it could worsen your injuries. This often means the insurance company will reduce how much compensation they pay you, and sometimes that may include numerous strategies to eliminate critical damages to you.
The amount of damages paid to you is dependent on multiple factors, and any type of motorcycle accident could lead to serious and even life-threatening injuries even if you have a helmet. Insurance companies may want you to believe you do not receive compensation because of the lack of a helmet for those injuries, but that may not be the case. This is one of the reasons it is so important to work with a skilled Las Vegas motorcycle accident attorney from Shook & Stone.
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Work with a Motorcycle Attorney to Protect Your Case
Victims of motorcycle accidents benefit from hiring a skilled, specialized attorney who can provide clarity throughout this process. Your attorney will work with you to understand the extent of your injuries and losses, while also working to identify strategies to minimize losses. Motorcycle accident lawyers will help you in several ways in these situations:
- Determine the extent of your injuries related specifically to the lack of a helmet. Accident reconstruction and medical experts become critical resources in these cases. They identify whether you would have suffered the same injuries if you had a helmet.
- Maximize other loss claims you have. The attorney also works to include all other losses you have beyond those related to wearing a helmet, such as broken bones, amputations, internal organ injuries, and spinal injuries. This minimizes the risk of leaving money owed to you on the table.
- Fight at trial to protect your rights. Most cases settle out of court, but in cases where there are disputes over responsibility for injuries and the value of a claim, an attorney may pursue a lawsuit and allow a judge and jury to make these decisions on your behalf.
Your attorney will also tell you, upfront, if the current settlement offered by the insurer is fair or if they are putting you at risk. With a skilled motorcycle accident lawyer from Shook & Stone working with you, they prevent you from wasting time or not getting the fair compensation owed to you if you weren’t wearing a helmet during your motorcycle accident.
Your Attorney Can Review Your Case Upfront Without Cost
If you were not wearing a helmet in a motorcycle accident that someone else caused, a motorcycle accident lawyer is a valid investment.
Most offer a free initial consultation, meaning you pay nothing upfront but can learn more about your case and the value of your claim. Seek a free consultation with Shook & Stone to determine your rights.
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