Can You Recover Compensation if in a Motorcycle Accident Where You Weren’t Wearing a Helmet?
There’s nothing like the freedom that comes with riding a motorcycle in wide open country, letting the wind hit your body as you weave in and out of traffic, enjoying the weather in states such as California and Florida. While motorcycles can provide unparalleled fun and a sense of freedom that can never be had by closed vehicle operators, these hunks of metal on two tires are often involved in accidents that can leave the rider with extensive, and sometimes, catastrophic and severe injuries. Different states have different laws when it comes to operating a motorcycle, and helmet laws run the gamut: a helmet can prevent head injuries in the event that you are in an accident, making it a great way to protect oneself from any eventuality. In states like New York and California, motorcycle riders are required to wear helmets at all times, regardless of their experience or age. However, in states such as Florida and Texas, riders who are over a certain age can opt not to wear a helmet while out on the road as long as they choose a certain type of insurance coverage. That said, statistics from the National Highway Traffic Safety Administration or NHTSA has shown that wearing a helmet reduces the risk of head injury by 69 percent, and death, by 37 percent.
Whether or not you were wearing a helmet can make a significant difference in the outcome of your case which you’re entitled to filing due to personal injury tenets. That said, it is important to work with an experienced motorcycle accident law firm in order to discover what your legal options for justice and compensation are, and we’d be happy to help facilitate this process on your behalf.
Are you looking for the best motorcycle accident injury attorney? Please call us NOW at 312-444-0214 to learn more about your legal options for justice and compensation. For over 25 years, the experienced, aggressive, and compassionate lawyers at McCready Law have valiantly fought for the rights of thousands of injured Americans just like you, helping them recover hundreds of millions of dollars collectively. We pride ourselves in our countrywide reach as well as our network of attorneys and experts who work in concert to ensure you recover maximum compensation.
However, our strength and difference lie in the fact that we are not afraid to litigate claims if we believe that your case warrants it, as in doing so, we will be able to recover compensation that is in line with your injuries. Most law firms, on the other hand, settle almost all these injury claims out of court due to lack of litigation experience or the lack of financial resources. This often leads to paltry settlement amounts that may be insufficient to take care of certain clients’ medical and other needs post-lawsuit. We run a bilingual firm (hablamos Espanol), and we take on all cases on a contingency fee basis, which simply means that aside from minimal administrative fees, we do not levy ANY FEES for the duration of the processing of your claim, as we only charge the same at the end of the suit, and only if we’ve won your case for you. To speak with an experienced motorcycle injury attorney, please call us NOW at 312-444-0214 for your 100% FREE legal consultation into all things motorcycle injury lawsuits – our intake team is standing by.
Helmet Laws and How They Impact Motorcycle Accident Cases
Helmet laws were ostensibly created as part of tort law with an aim to help injured individuals seek legal relief after suffering harm brought on by the actions of others. When it comes to these cases, the onus is on the plaintiff’s counsel to demonstrate that the defendant did not act in a reasonable manner thereby causing the accident. That said, these cases are often compounded by the fact that the injured rider may not have been wearing a helmet at the time of the accident impact. For instance, if you got injured in a state like California as a motorcycle rider and weren’t wearing a helmet, comparative negligence laws may come into effect when it comes to determining if you can recover compensation for damages incurred as a result of the motorcycle accident.
Motorcycle Helmet Supporters and Opponents – Two Sides of the Same Coin?
There is a huge countrywide debate over motorcycle laws and how they are doled out in different states: many individuals who live in states where helmet mandates are present state that it is the responsibility of the state to protect its citizens from preventable harm, and they cite public health reasons whereby if individuals wore helmets as mandated, there would be no severe injuries inflicted upon motorcycle riders, thereby alleviating the strain on healthcare infrastructure. However, those who live in states where motorcycle helmets are optional after a certain age and with the necessary insurance coverage are of the opinion that adult riders should have the right to make their own choices regarding whether or not to use safety gear, stating that everyone is responsible for their own lives and safety, and that government interference is not needed.
Best Countrywide Motorcycle Accident Injury Lawyers – Call Us NOW!
Regardless of whether or not your state has helmet laws, the fact remains that negligence and breach of standard of care by other parties plays a significant role in determining whether you can become eligible for compensation. Even when the courts apply the principle of comparative negligence, the scale often skews to the defendant’s side where they do not get off the hook by paying the bulk of the compensation or damages for things like the cost of medical care, pain and suffering, rehabilitative care, loss of consortium, lost wages, and so much more. If you suffered injuries as a motorcycle rider and believe the other party was at fault, please give us a call NOW at 312-444-0214 to learn more about your legal options for justice and compensation. Thanks for choosing us, and we look forward to helping you.