It is a fact that is sad but very true. Motorcyclists and their passengers are 22 times more likely to lose their lives in a motorcycle accident than occupants of conventional motor vehicles. Motorcycles are much smaller than other vehicles, which make them more difficult for drivers to see. They also do not have the benefit of a strong steel frame around them, airbags, or even seat belts. Additionally, motorcycles are less stable and so, they can be more difficult to control and are more prone to falling or rolling over in the event of a crash.
All of these factors put motorcyclists at great risk when they are on the road. Georgia has imposed many laws to increase the safety of motorcyclists, including those regarding the use of helmets. So, when a motorcyclist is not wearing a helmet, how will that impact their claim?
Georgia Requires Helmets for All Riders
Just as with any other auto accident, motorcycle crashes rely on the theory of negligence. To determine which party was negligent, insurance companies as well as the courts will ask many questions. These will include whether either party was speeding or impaired, if citations were issued at the scene of the crash, and more. They will also ask questions regarding the use of helmets for motorcyclists.
Georgia has a universal motorcycle helmet law, which means anyone that is riding a bike, regardless of their age or whether they are an operator or passenger, is expected to wear a motorcycle helmet. The helmet must also meet national safety standards. If you were not wearing a proper helmet, it could hurt your personal injury claim.
As with any other negligent act, failing to wear a proper motorcycle helmet breaches a biker’s duty of care when they are on the road. A biker’s duty of care is essentially ensuring they operate their bike in a reasonable manner to keep themselves and others safe. Failing to wear basic protective gear such as a helmet is considered negligent because it is a violation of the law and because a helmet could help mitigate your injuries.
For example, a distracted driver may crash into you while they are looking at their phone behind the wheel. You may fall off of your bike and suffer traumatic head injuries, at least partly because you were not wearing a helmet. The insurance company may assign the driver 75 percent of the blame and you 25 percent of fault because you were not wearing a helmet.
What if You Did Not Suffer a Head Injury?
If you suffered other injuries not affecting the head or brain, the lack of a helmet in your case should not have a significant impact on liability. For example, you may suffer a broken leg, road rash, or a back injury after a driver crashes into you. It is difficult to link these injuries to the lack of a helmet and so, they should not have an impact on liability.
Even though other injuries should not impact liability if the rider was not wearing a helmet, this does not mean that the insurance companies will not try to argue that they do. However, it is critical that you work with an Atlanta motorcycle accident lawyer who can refute these claims of fault. If the insurer can establish that you were 50 percent or more at fault, it gives them grounds to deny you any compensation at all. Even if you are found to be less than 50 percent at fault, your compensation can still be significantly reduced if you are found to be partly to blame.
To prove that other injuries do not affect your degree of liability and therefore, should not impact your compensation, you need evidence. The strongest evidence that can prove your case are medical records and testimony from a medical expert. Together, these can prove the nature and severity of your injuries as well as the fact that your failure to wear a helmet did not impact the injuries you suffered.
Our Motorcycle Accident Lawyer in Atlanta Can Prove Your Case
There are many tactics insurance companies use to deny motorcycle accident victims the compensation they are entitled to. At Lawbike Motorcycle Injury Lawyers, our Atlanta motorcycle accident lawyer can review the facts of your case and collect the evidence you need to prove that you were not at fault so you obtain the full and fair damages that are rightfully yours. Call us now at 866-529-2453 or contact us online to schedule a free consultation with our experienced attorney and to get the legal help you need.