How Helmet Laws Affect Motorcycle and Bicycle Accident Claims
Know Your State’s Helmet Laws
It is important to know your state’s distinct helmet laws for several reasons. One such reason is that the laws surrounding your motorcycle helmet change the way accident claims work depending on the situation. The type of injury, motorcycle helmet usage, and motorcycle helmet laws are all something that will be considered during an accident claim.
Bicycle or Motorcycle Accident Scenarios Related to Helmet Laws
There are a few possible scenarios for how a motorcycle accident injury claim could be affected by local helmet laws.
If you had a helmet on at the time of the accident but did not suffer injuries to your head or neck, then the helmet is insignificant in terms of your claim. This means that even if your helmet was on, your chances to collect for your damages are unchanged. Stating that you had your helmet on during the accident will only help show that you take your safety seriously and that you are responsible.
If you had a helmet on and you still suffered from an injury to your neck or head, the helmet is the most important part of your claim. It shows that you were not the negligent party in the accident. That simply means that your injury was not made even worse by your carelessness, as well as showing how much worse the injury could have been if you did not have a helmet on. Showing how much worse the injury could have been goes a long way when you are trying to prove another driver’s lack of safety.
An accident in which you were not wearing a helmet and your injuries are not in the head or neck works similar to an accident if you were wearing a helmet. Because none of your injuries are in the places the helmet protected, it is insignificant in the scope of the case. This is the case even if your state has laws that require motorcyclists to wear helmets.
You will have a difficult time with any claim involving a head or neck injury if you were not wearing a helmet. That means even if there is no helmet law in your state, your battle to have your damages paid will be challenging. That is because helmets are known to be effective at reducing the risk for head trauma and neck injuries. Your failure to use a helmet shows negligence and apathy for your own personal safety.