Can You Still Pursue A Case If You Weren’t Wearing A Helmet In A Motorcycle Accident?
When it comes to being in an accident, there are so many different things to consider. There are so many different aspects of caring for yourself to get back to living life and pursuing a personal injury case may be something you are considering. There are a ton of different things to keep in mind and when you are injured due to someone else’s negligence, you are entitled to compensation.
Can You File a Personal Injury Claim for a Motorcycle Accident if You Were Not Wearing a Helmet?
Though it is advised that you always wear a helmet when you are riding your motorcycle and, in some cases, it is the law, that does not give anyone the right to hit you or cause injury if you are not. If you are in an accident and you are not wearing a helmet, that does not negate the fact that you were in an accident, it does not make your accident any less, and it does not make the responsibility of the other party any lesser either.
If you are in an accident and you do not have a helmet on, you can still certainly sue for damages and you can get money from the other driver to help cover costs and to help cover the cost of recovery. Just because you are not wearing a helmet, that does not mean that the accident is your fault or that you’re wearing a helmet would have stopped the accident or made it not occur.
The most that a helmet does in the case of an accident is helps to minimize injury and make your overall injuries lesser and less severe. It is always a good idea to wear a helmet. You can account for your own driving, but you cannot account for the way that other drivers are going to drive or respond to you so if you are out driving you can still get into an accident with or without a helmet.
What Type of Compensation Can You Get?
It is helpful that if you are looking to file a claim you take a look at what might be the type of compensation that you can get and what you might end up being able to get. The first is of course the cost of your medical bills. This is the biggest issue that you might have since your injuries are likely to be worse if you are not wearing a helmet. The other driver might fight back and try to say that if you had been wearing a helmet the injuries might not have been so severe. Your lawyer is going to be able to help you to fight back against this and still get some compensation and get your money to help pay for bills.
You can also get compensation to help pay for the replacement and the repairs of your bike if you are able to repair it and start driving again. This is going to be a type of compensation that is likely going to be paid for by the insurance of the other driver and is, again, going to be relative to the damages and to how much it is going to cost to get your bike back on the road or to replace it entirely if you cannot repair it. The overall cost is going to be determined by adjusters that can help you figure out how much you are entitled to.
You may also be able to get money for pain and suffering and to help you make your way while you are off of work and while you cannot work and are recovering. This is going to be an amount that is relative to the severity of your accident, how badly you are injured, and how long you are off of work or how long you have to get off of work to recover. It can be so hard to recover after an accident and if you are being judged by the person that caused the accident, it can be even more difficult.
What to Do If you are In an Accident?
The first thing you should do after you have received medical attention is to contact an attorney. In cases where people point out that you were not wearing a helmet, you may end up dealing with more problems and you may have trouble getting your settlement. A lawyer is going to be able and willing to fight for you, they are going to know what needs to be said, what information needs to be collected, and what you are going to be able to get the damages you need.
The right attorney is going to be able to help argue your case, make a great case that is going to be useful and helpful, and are also going to be able to help you get your damages and get your life back on track after your accident. It can be hard to recover, but just because you were not wearing a helmet, this does not mean that you were at fault or that it was ok that you were injured. The right attorney can help you get the case you need and the compensation that is going to make all the difference in your recovery.
