How Not Wearing A Helmet Affects Your Motorcycle Injury Case

11 August 2015
 Categories: Law, Blog


Wearing a helmet while riding a motorcycle has become a requirement in some states. The act of wearing a helmet has been found to reduce the number of fatal injuries for those riding motorcycles. It may be necessary for you, and also your passenger, to wear a motorcycle helmet. If you are not wearing a helmet, you may be found guilty of negligence and this might affect your motorcycle injury case.

Traumatic Brain Injury

There are many serious injuries that can be the result of a motorcycle accident while not wearing a helmet. You may experience a traumatic brain injury that may lead to various neurological problems.

Even if the effects of the injury are not immediately apparent, you will want to write down whether you are suffering from dizziness, headaches, sleep disorders, difficulties thinking or engaging in problem-solving and other conditions related to head injuries. You will also need to see a doctor who can use diagnostic tests to prove that you have suffered a serious head injury and provide the necessary treatments.

There are many cases where a motorcyclist has been awarded damages for having his or her arm broken, but was awarded few damages for suffering a head injury. This is done to punish a motorcyclist for failing to wear a helmet, but this punishment can be cruel considering the challenges of recovering from a head injury and the costs associated with it.

Contributory Negligence

The effects that your failure to wear a helmet has on your case is referred to as contributory negligence. You may be found partially at fault for the motorcycle accident, and you may be required to pay a portion of the expenses as a result.

Fighting for a Full Settlement

Whether or not you will be found responsible for not wearing a helmet and will have this factor influence your settlement can vary from state to state. For this reason, you will want to contact a motorcycle accident attorney who will be able to defend your decision or who will be able to point out that the other motorist behaved in a manner that is so egregious that he or she would be the only one at fault.

Sometimes, the fact of whether or not you were wearing a helmet can be considered inadmissible in court. Even if it isn't, sometimes the failure of a motorcyclist to wear a helmet can only affect jurors who are prejudice toward this decision, and the lawyer will try to point this prejudice out and discourage it from affecting the outcome of the case.

For more information, contact an experienced attorney from a firm like Hinkle Law Offices