Nebraska is one of many states to have a universal helmet law. Under this law, all motorcyclists and their passengers must wear a helmet that meets federal safety guidelines while the bike is in motion. If you were hurt in a motorcycle accident and you weren't wearing a helmet at the time, here’s what you should know about seeking compensation for the resulting damages. 

If You Sustained a Head Injury 

Accident victims are entitled to compensation for the losses they incur through no fault of their own, however, they also have an obligation to mitigate their damages. This includes wearing adequate safety gear. Even if you didn't cause the accident in which you were hurt, you could be deemed liable for a portion of the associated losses if you weren't wearing a helmet at the time of the crash. 

If the opposing party can prove that wearing a helmet would've reduced the severity of your injures, they won't have to cover 100% of the damages. And if they can prove you’re at least 50% liable, they won't have to cover any costs. Under Nebraska’s modified comparative fault law, a plaintiff’s payout must be reduced by his or her own percentage of fault. If the plaintiff is deemed more liable than the defendant, though, he or she is barred from recovering anything at all. 

If You Sustained Other Injuries 

If you didn't suffer any head injuries, it’s unlikely that not wearing a helmet will influence the outcome of your case. In such a scenario, the opposing party will have a hard time arguing that wearing a helmet would’ve reduced the severity of the injuries you sustained. 

Should the case proceed to trial, though, you run the risk of appearing reckless before the judge or jury. If there happens to be a liability dispute, the fact that you weren't wearing a helmet may lead them to believe you’re a negligent motorcyclist, which could hurt your claim. Thankfully, most personal injury claims are settled before reaching court.

If you were hurt in a motorcycle accident, turn to Seiler & Parker P.C. LLO in Hastings, NE, for guidance. Regardless of whether you were wearing a helmet at the time, their strategic attorneys will help you pursue the maximum payout possible. Founded in 1952, this firm is proud to represent clients throughout the Tri-City area. To request a consultation, reach out on their website or call (402) 463-3125.