California laws stipulate motorcycle drivers and passengers to wear a helmet. The state law is specified in its Vehicle Code Section 27803. Aside from increasing the risk of severe injuries to the head, not wearing a helmet can lead to fine as well, and in some cases, may affect motorcycle compensation case. Simply put, it can affect a motorcycle accident lawsuit.
The Accident Claim When Helmet Was Not Worn
Whether wearing a helmet will affect the claim will depend upon the body part where you sustained an injury. In case the injuries did not happen on the neck or head, then not wearing it will have a negligible effect on the accident case. This means that your chances of getting compensation for damages from the party at fault for the accident will remain just the same.
Yet if you sustained neck or brain injuries, it will greatly affect your accident compensation case when you were not wearing it. The insurance company of the defendant could argue that you should be held liable for the accident because of that, at least partially. This can result in decreased accident compensation amount.
To get any compensation, the court has to be convinced that your injuries would have happened even if you were not wearing a helmet. Usually, this is tough to prove in the court unless an experienced motorcycle accident attorney is there to fight the case on your behalf.
Always Wear Hemet While Riding Motorcycle
Wearing a helmet is necessary, as that will decrease the chances of fatal injuries, and it is mandatory by the law of the state. In addition to that, in the case of a motorcycle accident, compensation claim of the injured party will not be affected if they were wearing it.
Remember that you will be pitted against the insurance company of the other driver in the court and they will try using all their legal resources in order to reduce the compensation amount they will require to pay to you. If you were not wearing a helmet, they will aim to show the irresponsibility as well as the risk of failing to safeguard yourself.
That is why you have to get in touch with an experienced motorcycle lawyer when making the compensation claim. The professional will guide you through the intricate legal process and increase your chances of getting as much compensation amount as possible from the at-fault driver.