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Completing Paperwork For Your Personal Injury Case
Can You Sue For A Motorcycle Accident If You Weren't Wearing A Helmet?
Christopher Wilson
If you weren't wearing a helmet when you got in your motorcycle accident, you may still have a case. Here's what you should know.
Helmet Laws Vary by Jurisdiction
Helmet laws differ from jurisdiction to jurisdiction, meaning the requirements for wearing helmets while riding a motorcycle can vary significantly. Some states have mandatory helmet laws that require all motorcycle riders to wear helmets at all times.
These laws are designed to reduce the injuries you suffer if you get into an accident. On the other hand, some jurisdictions have partial helmet laws that may only apply to certain age groups or specific riding conditions.
Helmet Use and Negligence
The issue of helmet use can be complex when determining negligence in a motorcycle accident. If you were involved in a motorcycle accident and were not wearing a helmet, it may be considered negligence. However, it's important to note that negligence alone does not automatically absolve other parties involved in the accident of their responsibility.
Comparative negligence is a legal principle that can be applied, which means fault and liability can be assigned to multiple parties based on their degree of negligence. In such cases, the fact that you were not wearing a helmet might be considered a contributing factor but may not completely negate your ability to sue for damages.
Contributory Negligence
In some jurisdictions, the legal doctrine of contributory negligence may come into play if you were not wearing a helmet at the time of a motorcycle accident. Contributory negligence holds that if a person's own negligence contributes to their injuries, they may be barred from recovering any compensation.
Therefore, if not wearing a helmet is considered contributory negligence and is a significant factor in your injuries, it might affect your ability to sue for a motorcycle accident. However, it's important to consult with a motorcycle accident lawyer with experience in the jurisdiction where your accident happened to understand the specific implications of contributory negligence and how it may impact your case.
Impact on Damages
If you can sue for a motorcycle accident despite not wearing a helmet, it's important to understand that it might impact the damages you can recover. The argument can be made that your decision not to wear a helmet exacerbated your injuries or increased the severity of the damages.
As a result, the compensation awarded may be reduced to account for your comparative negligence. The specific impact on damages will depend on various factors, including the laws in your jurisdiction and the circumstances surrounding the accident.
For more information, contact a motorcycle accident lawyer in your area.
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