There are several critical components of building a strong motorcycle accident claim. For example, you must demonstrate how the liable party is responsible for the wreck. You must also prove that you took reasonable steps to mitigate potential damages both before and after the wreck. Since not wearing a helmet may be considered a failure to mitigate damages, it could influence the strength of your personal injury claim. Here is what all motorcyclists should know about helmet laws and their impact on personal injury cases in California.

What Are the Helmet Laws in California?

Like many other states, California has a universal helmet law. That means both operators and passengers must wear a helmet at all times when riding a motorcycle. This law applies to everyone, regardless of their age. Failing to wear a helmet—or wearing one that does not meet the standards set by the Department of Motor Vehicles—is a violation and can result in a fine of up to $250 and up to one year of probation. It could also hurt a personal injury claim if you get into an accident. 

How Might Helmet Laws Affect My Personal Injury Claim?

If you choose to forgo a helmet but then get into an accident in which you sustain a head injury, the opposing party will likely argue you are at least partially liable for the damages. And since California follows a pure comparative negligence system, that means the total available compensation will be reduced by your percentage of fault. In other words, if the damages amount to $100,000 but you are deemed 30% liable for their severity by not wearing a helmet, you would be entitled to a payout of only $70,000. If you did not sustain a head injury, on the other hand, it might be possible to collect compensation for 100% of the damages since not wearing a helmet would have no bearing on the severity of any other injuries.

If you were hurt in a motorcycle accident, turn to the compassionate personal injury attorneys at the Law Offices of Alan M. Laskin. With two convenient locations—in Elk Grove and Sacramento, CA—this practice focuses solely on helping injured parties recover what is rightfully theirs. Instead of accepting quick settlements, they are committed to pursuing every dollar their clients deserve, and they will take a case all the way to trial if necessary. To schedule your complimentary personal injury case review, fill out the form on their website or call (916) 329-9010.