A motorcycle wreck can change your life instantly. If you were thrown from a motorcycle, the injuries can be painful, expensive, and overwhelming. And if you weren’t wearing a helmet at the time of the crash, you may wonder: can I still file a motorcycle accident claim if I wasn’t wearing a helmet?
The good news is yes, you can still pursue compensation. Even if the process is a bit tougher. Our motorcycle accident attorneys are here to guide you every step of the way.
Who is at Fault for My Motorcycle Injury?
Determining fault for motorcycle injuries mostly depends on where the accident happened. In many states, you can still recover money if you weren’t more than 50% at fault. If you weren’t wearing a helmet and suffered a motorcycle head injury, the insurance company may try to assign some blame to you to lower their payout.
If you’re 20% at fault under comparative negligence, your settlement is reduced by 20%. That’s why having a lawyer who knows how to push back against these tactics is essential to your claim.
What If I Don’t Have a Head Injury?
Medical evidence can show your injuries weren’t caused by not wearing a helmet, and our lawyers will use records and expertise to fight any claims. Insurers might say you ‘assumed the risk’ by not wearing a helmet, but other drivers are still at fault if they drive carelessly.
When Does State Law Require Helmets?
However, in states with mandatory helmet laws, it could be considered negligent to not wear a helmet. Such policy could reduce or limit the compensation you can receive, depending on your state’s rules.
Most states follow comparative negligence, but some still follow contributory negligence, which can be harsher. Your share of fault can lower your compensation, and in some states, being at fault could mean you get nothing.
Wearing a helmet protects your safety, your health, and your claim–so we recommend to wear one if possible.
What Compensation Can You Recover?
Depending on your situation, you may be able to recover money for:
- Medical bills
- Lost wages
- Lost earning potential
- Pain and suffering
- Mental anguish
How Our Legal Team Can Help with Your Motorcycle Accident Claim
You may think you can deal with the insurance company on their own, but insurers are trained to prioritize their profits. Luckily, our motorcycle accident attorneys can investigate your crash, work with reconstruction experts, gather medical records, and fight back against pushy insurance companies.
If you were thrown from a motorcycle or suffered a motorcycle head injury, don’t wait. Reach out to Alexander Shunnarah Trial Attorneys for a free consultation and start your path to recovery today.
