In a state where helmets are required by law, finding yourself in a motorcycle accident without a helmet can be bad for your personal injury case. However, you may find yourself in a difficult situation if you are involved in an accident even when helmets are not required by law. A motorcycle accident lawyer will always be better able to increase your odds of receiving compensation for your accident.
When Speaking with the Insurance Provider
After the accident, you may need to speak with the insurance provider of the other motorist. They will want to determine if you were wearing a helmet if they find out that you were riding a motorcycle. Even if you were wearing a helmet, they would want to find out the type of helmet and determine if it would be capable of protecting your head. Before answering questions, always ask a motorcycle accident lawyer for help.
The Helmet and Your Injuries
If you are involved in an accident and the auto insurance provider of the other driver discovers that you were not wearing a helmet, one of the first things they might claim is that your injuries were made worse by the accident. This depends on whether your injury was a head injury. If you suffered a different type of injury, such as a road rash, the helmet might not be relevant.
However, even if you suffered a head injury and you were wearing a helmet, if the driver was reckless and their actions lead to your head injury, it might not matter if you were wearing a helmet or not.
Liability in Your Motorcycle Accident Case
It is important to consult with a motorcycle accident attorney to make sure that you understand the law and your legal options. Your motorcycle accident attorney might be able to construct a compelling argument for why you still should be entitled to compensation for your head injury.
For example, if your motorcycle accident lawyer is able to prove that the other driver was speeding and was under the influence of alcohol, this can be used to force the hand of the insurance provider and they may be forced to negotiate a settlement.
If you are able to prove that the driver was at fault, you will be entitled to compensation for medical bills, lost wages, pain and suffering, and any other expenses that you are able to determine with your motorcycle accident lawyer.
For more information, contact a local law firm, like The Law Office of Brian Brunson.
Share16 December 2021
When I was a child, my father was the pastor of a small evangelical church in my hometown. I always enjoyed going to church in order to play with my friends. One of these friends suffered a horrific accident at a local gas station one day. As he was walking towards the entrance to the gas station, he was struck by a vehicle. His leg was seriously injured during the accident. To help with the expenses of recovery, his father hired an accident and personal injury attorney. This professional helped my friend’s father sue the person who struck his son. On this blog, you will discover the advantages of hiring an accident and personal injury attorney after incurring injuries from a devastating accident.