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Not Wearing a Motorcycle Helmet Can Mean Disaster in Court?

traffic accidents with skid marks on road. photo icon.
An accident with a motorcycle. Traffic accident with skid marks on road photo icon.

California is one of the states with a universal helmet law implemented. What this means is that you have to wear a helmet. And this remains true if you are the one in control of your motorcycle. Or you may have been a passenger sitting behind the driver.

Failure to do so could mean the loss of value compensatory damages. In some states, you have to wear a helmet on a motorcycle and bicycle. Though, with bicycles, it’s only true if the cyclist is a child. In other states, you might need to wear a helmet as an adult. But it usually only applies if the vehicle is motorized.

But in California, you have to wear a helmet if you ride a motorbike. It’s a surprise all states didn’t choose to make helmets necessary.


What Protections Do Motorcycle Helmets Offer?

Before we get into the explanation of whether helmets offer any protection, we mustn’t forget that California implemented the law in 1992.

A year later the state saw 37% drop in the number deaths caused by motorcycle accidents. It’s known that passengers and drivers have fewer injuries wearing helmets. The data shows helmeted victims receive 69% fewer head injuries. Also, if you ride a motorcycle and don’t wear a helmet, you could get a fine.


You Must Wear The Helmets That Meet The DOT Standards.

The standards that your helmets must meet are called DOT standards. DOT stands for Department of Transportation. If buying a helmet, you must look for a safety sticker. In fact, a sticker is required that says the helmet meets the DOT standards.

Here is what’s included in these rules:

  • At a minimum, the helmet must have a 1-inch liner on its inside. Though, polystyrene is the primary material in the inner liner. The making of it should include this material.
  • Also, it should be a chin strap on your helmet. As a matter of fact, rivets should be used to attach the straps. This strap will help the helmet to provide maximum protection.
  • The weight of your helmet should be close to 3lbs.
  • The shell of the helmet must keep your entire head area inside. Your head under the helmet should have that no part of out. Though, the head shouldn’t be out by over than two-tenths of an inch. Helmets that meet these standards protect the motorcyclist. It should become gear worn by motorcycle riders. In California, it’s important to avoid fine from traffic police. These guidelines have become an issue. In fact, helmets that meet these standards promote safety. They, in fact, have proved to offer maximum protection. Helmets protect both the motorcycle and bicycle riders, too.

What If You Are Not Wearing A Helmet And Have An Accident?

A negative scenario can happen if you get involved in an accident. In fact, if you aren’t wearing a helmet, it can have severe financial consequences. Of course, if you aren’t wearing a helmet, it’s assumed that you chose not to wear one.

However, the important thing to know is that your lawyers can still prove your case. In fact, not wearing a helmet may not affect damages caused by accident.

But if you received a head injury, it is the focus of the case. The first thing that’s examined is the severity of the head injury. A severe head injury could disable you. It may cause permanent emotional, physical or mental damages. Again, examining the seriousness of the injuries shows the worth. In fact, it’s used to estimate the amount of compensation you receive.

So injuries may be worse because you weren’t wearing a helmet. But that doesn’t make the negligent party innocent, i.e. they were still at fault. It was their negligence that caused the accident.

Whether you are wearing a helmet or not, you will still receive compensation for the following:

  • You will receive reimbursement for all the medical costs. You will become hospitalized because of the accident. The victim might need permanent care at home. You will have to buy medicines, and a therapist might come as part of the care. Treatment may last some time too. These expenses compensated include the cost of a hospital stay.
  • If you receive a head injury and other physical damages things change. You won’t be able to join your duty straight away. In fact, severe head injuries might cost you your job. This immobility is a loss of income and could cause a job loss. It has to become part of the compensation by the negligent party. You will seek compensation based on what you earned before the accident. And the amount you are capable of making after the crash.

More Harm Suffered.

  • Panic attacks, stress, anger and other forms of mental persecutions. So this gets compensated in an automobile accident.
  • Of course, if you have physical injuries it has consequences. You will have to go through severe pain and agony. You can still win compensation if your state has helmet laws, like California. But you remain liable for your own negligence. You will have your recovery offset. Compensation is offset by your degree of fault for your head injury. Most of all, this can kill a pain and suffering claim. Though, in some cases with an unsympathetic jury, it can kill the claim. You must make sure that you’ve received all you’re owed due to the accident. Further, in fact, your lawyer is the one to prove it.
  • Loss of consortium is another equation we must address. If you’re injured, and your spouse suffers the loss of love. Your sexual relationship with your spouse could also be hurt badly.

The case can have some slight difficulties in some cases. In this case, you got hurt and weren’t wearing a helmet. But, as mentioned above, it doesn’t free the negligent party from its fault. Contact With The Right Lawyers

Communicate with the Right Motorcycle Lawyers

To receive accident compensation for losses and damages, you need personal injury representation. You need a seasoned lawyer for the best outcome. The lawyer will get you compensation. Before letting the case go to the court.

Ehline Law Firm is ready to help with vehicle accident cases. It isn’t your job to think whether you will receive compensation or not. Get the first free consultation with Ehline Lawyers. You will have guidance with care, so you’re solaced for your pain and suffering.

Citations:

http://www.nhtsa.gov/Safety/Motorcycles/ National Highway Traffic Safety Administration (NHTSA) Motorcycles

http://saferoads.org/issues/motorcycle-helmets Advocates for Highway and Auto Safety


Michael Ehline, Motorcycle Lawyer

Michael P. Ehline has an honorable discharge from the United States Marines. He founded Ehline Law Firm after leaving the Marines and owning several small businesses. At any rate, Ehline remains an all-American.

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