Motorcycle rides are exciting, but they require special safety precautions. Whether or not you follow the rules of the road can affect your ability to receive compensation if you’re injured in an accident. Here’s what you should know about motorcycle helmet laws in North Carolina and what you should do if your case requires a personal injury attorney.
What You Should Know About Motorcycle Laws & Injury Claims
What is North Carolina’s Motorcycle Helmet Law?
North Carolina law requires all motorcycle operators and passengers to wear motorcycle safety helmets that meet Federal Motor Vehicle Safety Standard 218. The helmet must have a firm inner liner of polystyrene foam that’s about 1-inch thick. Some helmets may have a comfort liner, but you can still feel the thickness. Helmets with no liner or a thin, soft foam padding do not meet this requirement. Compliant helmets have a manufacturer-installed “DOT” symbol on the back of the helmet.
Can You Receive Compensation Without Wearing a Helmet?
Generally, if another driver caused your motorcycle accident and you were injured, you would be eligible for compensation. However, under North Carolina’s contributory negligence law, you might not be able to recover compensation if lack of a helmet resulted in a head injury. If you sustained injuries to other parts of your body, your claim might be successful. An experienced personal injury attorney can navigate every corner of your case and ensure you receive the compensation you deserve.
Are There Any Exceptions?
In some cases, certain legal doctrines apply as exceptions to the state’s contributory negligence law. If a personal injury attorney can establish true proximate cause, determine who had the last clear chance to avoid the accident, and show gross negligence by the other driver, such as underage alcohol violations and a high level of intoxication, the cyclist may be able to receive compensation for their head injury.
If you’ve been injured in a motorcycle accident and need the expertise of a personal injury attorney, turn to Wood & Rabil, LLP Attorneys at Law in Winston Salem, NC. With more than 80 years of combined experience, their attorneys have the knowledge and skills to aggressively advocate on your behalf and fight for your right to full compensation. Call (336) 722-5700 to schedule an attorney consultation or visit them online for more information.