How Helmet Laws Can Harm Motorcycle Injury Claims

In some states, such as Florida, it clearly states that you may not ride your motorcycle without a helmet. However, there is an exception to this rule. If a motorbike rider meets specific criteria, such as being over the age of 21 and having an insurance policy that provides at least $10,000 in medical coverage, he or she is allowed to choose whether he or she wants to wear a helmet on the road.

These laws vary from state to state. Some states may require all motorcycle riders to wear helmets, and others may only require riders of a certain age to wear them. However, this may also affect your personal injury claim. For instance, if you suffered head or neck injuries during an accident, and you were not wearing a helmet, it plays a vital role in whether you qualify for compensation, or the amount of compensation to which you are entitled. If you are not wearing a helmet and you suffered injuries anywhere but to your head and neck, the fact that you were not wearing a helmet is meaningless in court, because your not using a helmet did not lead to your injuries. In other words, you would have suffered these injuries even if you did have on a helmet at the time of the accident.

Choosing not to wear a helmet while riding your motorcycle is not illegal. However, aside from putting your life on the line, you’re also ruining your chances of recovery if you are ever involved in a motorcycle accident. States such as Florida follow a pure comparative fault law, which means that any injured party can be up to 99% at fault for an accident and still recover compensation. However, this law also reduces the value of your compensation.

For example, if you are riding a motorcycle at an intersection and another motorist crashes into you, and you suffer traumatic injuries to your head and neck, when you file a claim against the negligent driver, the other driver’s insurer then lets you know that you can only get 60% of the compensation for which you claim. This is because the other driver’s insurer found that you were 40% at fault for your injuries, due to negligence on your part, such as not wearing a helmet. Also, most insurance companies try this tactic even when the injuries the rider sustained have little or nothing to do with helmet use, such as a broken arm or road rash on your legs. However, the good news is that you can fight these statements and get the compensation due to you.

If you were recently involved in a motorcycle accident, contact a Detroit motorcycle crash lawyer to assist you with your case.

 

https://en.wikipedia.org/wiki/Pain_and_suffering

https://en.wikipedia.org/wiki/Motorcycle_safety

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