Riding a motorcycle offers a sense of freedom and adventure. However, it also comes with risks. One common question riders have is whether they can still file a claim after an accident if they weren’t wearing a helmet.
Understanding California’s Helmet Law
California law requires all motorcycle riders and passengers to wear helmets. This law aims to reduce head injuries and fatalities. If you’re caught without a helmet, you could face fines. But how does this impact your ability to claim compensation after an accident?
Impact on compensation claims
Not wearing a helmet can complicate your compensation claim. Insurance companies often argue that not wearing a helmet contributed to your injuries. This is known as “comparative negligence,” where the fault is shared between parties. In California, this can reduce the compensation you receive but doesn’t necessarily bar you from claiming entirely.
Proving your case
To strengthen your claim, gather evidence showing that the helmet would not have prevented your injuries. Medical records, witness statements and expert testimonies may be able support your case. Nonetheless, the success of this strategy is on a case-by-case basis and does not guarantee compensation.
Finding support
Navigating the legal landscape after a motorcycle accident can be challenging, especially when helmet use is in question. Consulting with a personal injury attorney can help clarify your options. They can guide you through the process and work to maximize your compensation.
While not wearing a helmet can affect your claim, it doesn’t eliminate your right to seek compensation. Understanding the nuances of California law and preparing a strong case can make a significant difference. Always prioritize safety and know your rights as a rider to ensure you’re protected on and off the road.