When a motorcyclist is hurt in an auto accident caused by someone else’s negligence, a personal injury attorney can help the victim collect compensation for their medical expenses and lost wages. Even if you were partly at fault for the accident, you may be able to collect some damages — although the amount of your award may be reduced. However, if you weren’t wearing a helmet and experienced head trauma, it may be difficult to successfully pursue a claim.

Does Not Wearing a Helmet Affect Your Personal Injury Claim?

State Helmet Laws

Many states have enacted laws requiring at least some motorcyclists to wear a helmet at all times. In Georgia, for example, all riders must wear an approved safety helmet at all times — no matter their age or where they are riding. If you were in violation of this statute of the time of your accident, collecting compensation for your losses can be extremely difficult.

How Comparative Negligence Affects Your Personal Injury Claim

The doctrine of comparative negligence holds accident victims responsible for their own injury if they were partly at fault for the accident. For instance, if the jury determines that you shared 20% of the responsibility for the accident, you will only receive 80% of your total damages if your claim is successful.

Motorcycle helmets have been proven to significantly reduce head injuries, so failing to wear one can be considered an act of negligence. If you weren’t wearing a helmet but did not injure your head, the absence of required safety equipment likely will not impact your claim. However, if your injuries included a concussion or traumatic brain injury and you weren’t wearing a helmet, insurance adjusters may refuse to issue a settlement offer.
 

If you’ve been hurt in an accident caused by someone else’s careless driving, turn to the professionals at Goddard & Hammontree. Their personal injuries have a reputation throughout Georgia for giving every client the personal attention they deserve, ensuring that everyone has a chance to work one-on-one with their attorney. Visit their website for more on how they can help after a personal injury, or call (706) 278-0464 to speak with an attorney and schedule a consultation today.