Does helmet use affect California motorcycle accident cases?
Being in a motorcycle accident is a horrible experience for anyone. Now, imagine that you are in a serious motorcycle accident that was caused by someone else. You decide to seek compensation for those injuries only to find out that the at-fault driver is blaming you for your injuries simply because you weren't wearing a helmet at the time of the accident. For many California motorcycle riders, that probably seems like something straight out of a nightmare.
What is the helmet law for California?
All riders have to wear a helmet when on a motorcycle in California, according to the state's universal helmet law. This means that if you are on a motorcycle, you should have on a helmet.
Can I seek compensation for injuries if I wasn't wearing a helmet?
While you have the right to seek compensation, you might find that it is very difficult to get that compensation awarded. The other driver will likely present a defense that claims your injuries were caused by your own negligence, according to FindLaw. In some cases, they might allege that you were at least partially negligent. For this reason, having someone with knowledge in cases like this can help you to seek the compensation you need to help you recover financially from the accident.
What if I was wearing a helmet?
Even if you were wearing a helmet, the other driver might make a variety of claims regarding your driving. Just as it is important for you to present a strong case if you weren't wearing a helmet, is also important for you to present a strong case if you were wearing a helmet.
Source: Governors Highway Safety Association, "Helmet Laws" Nov. 03, 2014
