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California Auto Accident, Personal Injury and Wrongful Death Attorneys

Why Helmets Are So Essential In Motorcycle Accident Cases

by | Jul 27, 2017 | Firm News

Have you recently suffered from a motorcycle accident in which you were not the negligent driver? Were you wearing a helmet during the accident? If not, you run the risk of potentially losing your case. Why?

Liability Requires Negligence

Negligence is one of the main influences in deciding liability in a motorcycle accident case. If the driver of the vehicle that struck the motorcycle was driving too fast for conditions, ignored signal from the motorcyclist, or was passing in a no-passing zone, they were driving in a negligent manner. As a result, this behavior makes them liable for the injury.

However, negligence can also be passed on to the driver of the motorcycle. For example, if they were driving too quickly, failed to signal, or otherwise drove in a dangerous way, the judge may decide that they were liable. One controversial point that upsets many motorcycle drivers is the influence that wearing a helmet can have on liability decisions.

Failure To Wear A Helmet May Be Negligent

When you fail to wear a helmet while driving your motorcycle, contributory negligence may be argued by the defendant. What does this mean? It means that many of your injuries were caused by the lack of a helmet. Many judges consider improper helmet safety a negligent behavior and are likely to either negate some of the costs of the lawsuit or eliminate them completely.

This is particularly true in the case of states that have mandatory helmet laws. A lack of a helmet is seen in these states as just as negligent as driving too fast, failing to use turn signals, or drinking before driving. Judges may actually throw out these cases if the motorcyclist was not wearing a helmet.

If you are worried about your motorcycle accident lawsuit because you weren’t wearing a helmet, please contact us today. We can help you build a case that will negate your lack of helmet and get you the money you deserve.

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