Not Wearing a Helmet May Affect a Motorcycle Accident Claim In California
- Mar 25, 2022
- 3 min read
Updated: Nov 28, 2022
What Do Top Personal Injury Attorneys for Motorcycle Accident Have To Say About Not Wearing Helmets?
California Personal Injury Claims aim to adequately compensate a negligent accident victim. Since accidents can lead to physical injuries, economic losses, and emotional distress, getting the right compensation should help you get back on your feet.
That said, what if you were partially at fault for your injuries? What do California Personal Injury Laws say about not wearing your helmet during an accident?
Let's talk about motorcycle injuries, Personal Injury, California Motorcycle Accident Law, and the concept of fault as a Motorcycle Accident Lawyer in Los Angeles will handle them:
How Do You Identify Fault?
A California Motorcycle Accident Lawyer often identifies the "at-fault" based on 3 conditions:
A liable party has a "duty of care". A driver has the duty to watch out and follow traffic rules. Running the red light, speeding, or driving while intoxicated, are all examples of violating this "duty of care".
The defendant's "duty of care" violation caused the accident. Your lawyer must prove that the breach of duty, as stated previously, is the direct cause of the accident. If the driver didn't violate that duty and it was a manufacturing defect that caused the accident, then the manufacturer might be considered the liable party in this case.
The accident caused the victim's injuries. You must prove that the liable party's reckless actions caused your injuries. The reckless accident should be the direct cause of your physical injuries and financial losses, and not your own.
If you've been a negligent accident victim, you first need to contact a Motorcycle Accident Lawyer in Los Angeles ASAP. An attorney experienced in California Personal Injury Claims knows their way around the law and will be able to help assess your accident, investigate for proof, and build a solid case.
What Happens To Your Claim If You Weren't Wearing A Motorcycle Helmet?
Not wearing a motorcycle helmet is against California law. Thus, complicating your possible Motorcycle Accident Injury Claim.
As discussed in the previous section, how California Motorcycle Accident Injury Claims work is identifying the fault. If you sustained head and neck injuries, the defendant and their legal team might blame you for not wearing a helmet.
That said if you and your Motorcycle Accident Lawyer should still be able to prove that you wouldn't be in an accident if the defendant weren't negligent. After all, helmets won't stop drunk, careless, or speeding drivers from causing injuries to other parts of the body.
So although you might be at fault to some degree for not wearing a helmet, you can still assign fault to the responsible negligent party.
What Is Comparative Fault In California Personal Injury Law?
Now that we've discussed possible complications of not wearing a helmet during the accident, let's discuss the California comparative fault and how that might come into play.
In some cases, victims in Personal Injury Claims can be partially at-fault for the accident. When this happens, the judge will decide the percentage of fault, which will affect the possible damages you might be able to claim. For example, this can apply to motorcycle accident claims where the plaintiff is found to not be wearing a motorcycle helmet at the time of the accident.
For example, if the total damages you've incurred amounted to USD 300,000, your payout will be reduced to USD 225,000 if you were found 25% at fault.
That said, you must be able to work with a prescreened California Motorcycle Accident Lawyer. An attorney will know how to guide you through the investigation process, find appropriate evidence, file the proper paperwork, and build a solid case that protects your interest to the fullest extent.
Consult With The Top Motorcycle Accident Lawyers in California
1000Attorneys.com is a California Bar Association-Certified Lawyer Referral Service that can refer you to a prescreened Los Angeles motorcycle accident attorney best fit to handle your claims. Contact us on our 24/7 lawyer referral hotline at 1-661-310-7999 or complete our inquiry submission form for a FREE INITIAL CONSULTATION.
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