You should wear a motorcycle helmet every single time that you ride. Not only are motorcycle helmets mandatory under Georgia law, they can help to reduce the risk of traumatic brain injuries (TBIs) and even save lives. You may be wondering: Can I still bring a motorcycle accident injury claim in Georgia if I was not wearing a proper safety helmet? The answer is “yes”—though, the lack of a helmet could impact your claim. In this article, our Georgia motorcycle accident attorney provides a detailed overview of the most important things that you should know about our state’s motorcycle helmet laws as well as your rights if you are involved in a crash without a helmet.
Motorcycle Helmets Prevent Brain Injuries and Save Lives
The research on motorcycle helmets is overwhelming: They are a must for all riders. The National Safety Council (NSC) cites data showing that a properly fitting motorcycle helmet reduces the risk of a TBI by nearly 70 percent and the risk of a fatal accident by nearly 40 percent. Helmets work by absorbing the impact energy during a crash, shielding the skull and brain from direct collision with hard surfaces. Do not take risks with your health and safety: Always wear a helmet when you ride.
Know the Law: Motorcycle Helmets are Mandatory in Georgia
Motorcycle helmets are not options in Georgia—even for adult riders. Under Georgia law (O.C.G.A. § 40-6-315), “no person shall operate or ride upon a motorcycle unless he or she is wearing protective headgear which complies with standards established by the commissioner of public safety.” Our state takes this safety regulation very seriously. If you ride without a helmet in Georgia, you could face a fine of up to $1,000 along with other potential sanctions.
You Can Still Bring a Motorcycle Accident Claim Without a Helmet (Comparative Negligence)
Does riding without a helmet prevent you from bringing a motorcycle accident injury claim? In Georgia, the answer is a resounding “no.” Although it is a violation to ride a motorcycle without a helmet, it is not a total bar to bringing a personal injury claim. You still have the right to seek financial compensation from the at-fault party for a no helmet motorcycle accident. That being said, your lack of a helmet could be a factor in your case.
Georgia operates under a comparative negligence law (O.C.G.A. § 51-12-33). Each party to a motorcycle crash will be liable for their “share” of the “blame” for the injuries. The lack of a motorcycle helmet could be cited as a partial causal factor for a motorcycle accident injury, especially if the victim suffered a traumatic brain injury (TBI) in a crash that happened while they were not wearing a helmet.
For example, imagine that you were involved in a motorcycle crash in Atlanta. Another driver made an unsafe lane change and struck your bike. You suffered a concussion and $30,000 in damages. However, you were not wearing a helmet at the time of the crash. A court may determine that the no helmet violation was partially to blame for your brain injury. If you are held at fault for 20 percent of the crash, you would be liable for 20 percent of your own damages, or $6,000.
We Help Injured Motorcyclists Fight to Maximize their Compensation
Motorcycle accident injury claims are complicated—especially so for no helmet crashes. You do not have to take on the insurance companies alone. At Lawbike Motorcycle Injury Lawyers, our Georgia motorcycle accident attorney fights tirelessly to help victims and families secure the greatest possible financial recovery, including for:
- Motorcycle repairs or replacement;
- Emergency medical treatment;
- Hospital bills and related medical costs;
- Physical therapy and mental health counseling;
- Lost wages and loss of earning power;
- Pain and suffering;
- Mental distress;
- Permanent disability or impairment; an
- Loss of life enjoyment.
Contact Our Georgia Motorcycle Accident Lawyer Today
At Lawbike Motorcycle Injury Lawyers, our Georgia motorcycle accident attorney has the specialized expertise that you can trust in even the most complex of cases. Hurt in a motorcycle accident while not wearing a helmet? We can help. Give us a phone call now at 1-866-529-2453 or connect with us online to arrange your free consultation. Our law firm represents injured motorcyclists throughout all of Georgia, including in Atlanta, Macon, Savannah, and Augusta.