If you were injured in a motorcycle accident in Georgia that someone else caused, you could be entitled to recover compensation for losses you suffered, including medical expenses, lost income, and pain and suffering.
But what if you weren’t wearing a helmet at the time of the accident? Helmet-use is often a point of contention for insurance companies, and if you weren’t wearing one when the accident occurred, they may argue that you are partly liable for your injuries, even if you did not directly cause the accident. In Georgia, all motorcycle riders are required by law to wear a motorcycle helmet at all times on the road, and the motorcycle helmet must meet Department of Transportation standards, as outlined in Federal Motor Vehicle Safety Standard No. 218.
To successfully secure the financial compensation you need to make a full physical and financial recovery after the accident, you’ll need to be able to demonstrate that your failure to wear a motorcycle helmet did not significantly worsen your injuries.
How the Insurance Company Will Determine Liability After a Motorcycle Accident
Both insurance companies and the courts will look at a variety of factors when determining liability for a motorcycle accident.
Some questions they may ask to determine liability include:
- Did speeding play a role in the crash?
- Was either party distracted at the time of the accident?
- Did police issue any traffic tickets after the accident?
- Was anyone involved in the accident intoxicated on alcohol or drugs?
- Did either driver fail to yield the right-of-way on a turn?
If you were hit by another motorist while riding your motorcycle, their insurance company will also want to find out whether you were wearing your helmet at the time of the crash. Even if you were, the insurance company will investigate to determine whether the helmet was a Department of Transportation-approved helmet.
The insurance company will assign each party a percentage of liability based on their findings. As an example, if you were hit by a driver who failed to yield the right-of-way while you were riding a motorcycle without a helmet, the insurance company could decide to place 80 percent of the blame on the motorist and 20 percent of the blame on you for the injuries you suffered.
While it can be upsetting to be partly blamed for your own injuries (which would never have occurred if the motorist who hit you had not been negligent), from the insurance company’s perspective, your injuries would have been less severe if you had been following the law and wearing a helmet.
However, there are ways to contest the insurance company’s claims. Remember, at the end of the day, insurance companies are for-profit businesses, and they are looking out for their bottom line. If you believe that the insurance company has unfairly placed blame on your shoulders, you should speak with an experienced Georgia motorcycle accident lawyer right away to explore your options for challenging their analysis.
Can I Still Seek Compensation if I Am Found to be Partly Liable for the Accident?
Even if the insurance company or a court finds that you were partly responsible for your injuries because you failed to wear a proper motorcycle helmet, you could still recover compensation from the at-fault party. Georgia’s modified comparative fault laws allow anyone who is injured due to another person’s negligence to recover damages if they are found to be less than 50 percent at-fault for the accident.
So, in the above scenario, if you are determined to be 20 percent at-fault for your injuries, and the other motorist is 80 percent liable, you can still pursue a settlement. The downside is that the total compensation you would have been entitled to recover will be reduced by 20 percent, or your portion of fault. So if the full value of your claim is $60,000, you would only be able to recover 80 percent of that amount, or $48,000. While this is still a significant amount, you would still lose $12,000 in this scenario. Your final reward might not be sufficient to cover your medical treatment, lost income, and other expenses, and you could be left with some hefty out-of-pocket costs. That’s why it is vital to speak with an accident attorney about your options before accepting undue liability and agreeing to a settlement that is lower than you deserve.
How to Contest Helmet Use Claims
To fight the claim that your lack of helmet use contributed to the seriousness of your injuries, you will have to successfully demonstrate that this is not the case. If you can prove (to the insurance company or to the court) that not wearing a helmet did not make your injuries substantially worse, that will significantly strengthen your case against the at-fault party.
A skilled motorcycle accident lawyer will have the resources to gather evidence on your behalf, including medical expert witness testimony and copies of your medical records. Having the backing of a medical expert to refute the other party’s claims will be incredibly beneficial to your argument.
If I Didn’t Suffer a Head Injury, Does it Matter If I Failed to Wear a Helmet?
If you didn’t hit your head or suffer a head injury during the accident, then whether or not you were wearing a helmet is technically inconsequential. For example, if you suffered a few broken ribs and road rash after being thrown from your bike, but your head was unaffected, then it in terms of liability, it does not really matter that you failed to wear a helmet.
But the other party or their insurance provider could still try to argue that your failure to wear a helmet contributed to your injuries in some way and that they should not be totally liable for your losses. By turning over evidence that clearly shows you did not suffer any head trauma, you should be able to successfully combat their allegations.
Contact a Duluth Motorcycle Accident Attorney Today
If you were injured in a motorcycle accident that was caused by someone else’s negligence, and you weren’t wearing a helmet at the time, you could still be entitled to financial relief. In fact, our founder David Brauns once worked in insurance defense, and has a strong understanding of the tactics that insurance companies use to defer liability. He also knows how to subvert those tactics for the benefit of his clients.
If you are concerned that a lack of helmet use could impact your motorcycle accident claim, David Brauns can help. Contact a Duluth motorcycle accident lawyer at Brauns Law Accident Injury Lawyers, PC today for a free consultation to discuss your legal options.
