Possibly. The answer to this question largely depends on the specific details of your motorcycle crash case.
If you were injured in a motorcycle accident that wasn’t your fault and are considering seeking compensation, here are some of the ways that not wearing a helmet can affect your personal injury claim.
More than 5,000 people are killed in motorcycle crashes each year in the United States. Helmets reduce the risk of head injury by nearly 70 percent and the risk of death by roughly 40 percent, according to the Centers for Disease Control and Prevention. Georgia law requires motorcyclists and passengers to wear an approved helmet when operating or riding a motorcycle. While failing to do so may not necessarily prevent you from filing a lawsuit against the person or company responsible for causing the accident, it can have consequences.
For example, if you sustained head or neck injuries that would have been prevented by a helmet, it would be extremely difficult to recover damages for those injuries. If you were able to collect compensation due to Georgia’s comparative negligence standard, your settlement or monetary award is likely be reduced to reflect your percentage of fault.
If you suffered bodily injuries that wouldn’t have been prevented by wearing a helmet, you may be able to recover compensation. However, the other party’s insurance company or defense attorney may use your lack of a helmet to paint you as an irresponsible motorcyclist in an attempt to reduce its financial obligation to you.
That’s why you need a skilled personal injury attorney to investigate your accident case and protect your right to recovery. An attorney will negotiate the percentage of fault you’re assigned and build a strong case for damages.
Request a Consultation
Contact Van Sant law today to schedule an appointment for a free initial consultation to discuss the details of your case, including how not wearing a helmet might affect your recovery.