Can I sue if I wasn’t wearing a helmet during a motorcycle accident? You can still sue the at–fault driver for your injuries and losses if they caused the accident, even if you were not wearing a helmet during the motorcycle accident.
Under Washington’s laws, you may see a reduction in your compensation if not wearing a helmet contributed to a worsening of your symptoms. Speak with an Everett motorcycle accident lawyer about your case today.
You May Be Partially to Blame for Your Injuries
This reduction in compensation stems from the role you play in the extent of your injuries. The evidence may show that you did not cause the accident, and that another driver’s recklessness did. However, your lack of a helmet could mean you suffered more severe injuries and losses than you would have suffered with a helmet on.
Your attorney will work to clarify the implications of not having a helmet on your injuries and other losses. For example, if your motorcycle accident injuries had nothing to do with head-related trauma, a helmet would not change the outcome of your accident. Of course, this is rarely the case with motorcycles versus cars and trucks.
If your accident results in head trauma, the court will carefully consider whether or not you have the right to seek damages. If so, but you are partially at fault, you will see a reduction in the value of your claim.
For example, if your lack of a helmet resulted in the court labeling you 20% at fault, you will be able to recover 80% of the losses you suffered.
For a free legal consultation, call (425) 835-2614
Washington Laws Require You to Wear a Helmet
Under RCW 46.37.530, Washington’s universal motorcycle helmet law, most riders and passengers must wear a helmet approved by the Department of Transportation. The helmet must have a securely tightened chin strap and fit your head properly. This is a requirement for all public roads in the state. Failing to wear a helmet can result in fines.
Note that this applies to all riders and passengers of any age on any city streets or country roads. The helmet must have interior padding and a hard external shell, with strong rivets holding the chin strap in place.
Because this is the state’s motorcycle helmet law, it can play a role in your ability to recover all losses in an accident. Not only will you likely receive a citation for the lack of a helmet, but you may also see a reduction in the value of your personal injury claim.
You Can Still Build a Case for Your Losses
In a motorcycle accident without a helmet, it is still imperative that a victim seek legal action against the at-fault party. Your motorcycle accident lawyer will encourage you to seek all available evidence to build your case, demonstrating that the other party’s actions are the main cause of the accident and your resulting injuries.
Even without a helmet, having a strong case with ample evidence can work in your favor. When possible, gather evidence such as the following:
- All medical records that document the nature of all injuries, including those related to your head and other areas
- Police reports and witness statements can provide insight into what caused the accident, including the driver’s behavior prior to the accident
- Seek medical experts who can attest to the impact a lack of a helmet had and the injuries you would have had even with the helmet
Your attorney will build your case to include any and all evidence to back up your claims, which means turning to an accident reconstructionist, seeking medical records, and gathering other data.
Even with a helmet on, most motorcycle riders will still suffer serious injuries and losses related to the accident, losses you would not have suffered if the other driver followed the law.
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Insurance Companies Will Use This Against You
It is not uncommon for an insurance company to try to deny your claims for compensation, especially if they believe you are not working with an attorney. They may try to devalue the claim significantly, blaming you for your injuries. It is always important to seek the guidance of an attorney due to these risks.
Once you have an attorney, the insurance company must negotiate through that legal representative, which alleviates risks to your case. Your attorney will present evidence supporting the fault of the other driver and maximize the possible claim value. Part of your attorney’s job will be to build a strong claim that showcases your losses beyond helmet-related injuries.
Insurance companies will base their decisions on how well you can document that the injuries and losses you have are the fault of their client and not a result of a lack of helmet use.
The good news is your attorney has the experience and knowledge to build a strong claim for you. If the insurance company denies your claim or refuses to cover your losses, let your attorney handle the case.
You May Not Need to Speak to the Insurance Company Yourself
One of the reasons to hire a motorcycle accident lawyer is to avoid talking to the insurance company yourself, alleviating the threat that they may use your statements or lack of knowledge to limit your compensation.
If the insurance company tries to push you to settle, contact your attorney to alert them to this, and inform the insurance company that you have an attorney. It can make a big difference in your ability to recover damages.
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You Can Sue the Other Driver, and We Can Help You
Motorcycle accident victims without a helmet need legal representation in complicated cases like this. Hire Murphy Trial Law to fight for you and get the results you need.
We work closely with victims to understand all of their losses, even when they may hold some of the blame for injuries. Set up a free consultation with us now to learn more.
Call or text (425) 835-2614 or complete a Free Case Evaluation form