Yes. You can ask for help with your medical bills and lost time at work in a motorcycle accident caused by a careless driver. If you weren’t wearing a helmet, it wouldn’t affect the fault in the accident. The bad driver is still liable and could have to cover all or some of your damages.
Getting Support After a Bell Motorcycle Accident
Drivers make a lot of common mistakes on Los Angeles County freeways and streets that can put a motorcyclist in danger. They can race down the 710 while staring into a cellphone, only to ram a motorcycle from behind.
Reckless drivers can switch lanes without checking their blind spots for a vulnerable rider. They can make left turns on busy streets like Gage Avenue and suddenly become an obstacle to the oncoming rider they didn’t see approaching.
These motorists are financially liable when they cause accidents for defenseless motorcyclists. Those at fault should be paying for the rider’s motorcycle damages and the hospital bills for any injuries caused. The driver’s insurance would be called upon to help with all of the victims’ hardships after a crash.
This compensation is available to injured motorcyclists, even if the victim wasn’t wearing a helmet in the accident.
What Happens If I’m Struck on a Motorcycle While Not Wearing a Helmet?
Riders might receive a citation and pay a fine for traveling without a helmet, but they wouldn’t be liable for an accident they didn’t cause. The lack of a helmet wouldn’t allow a bad driver to escape blame for causing the collision.
Under California Vehicle Code CVC §27803, all riders and passengers must wear an approved motorcycle safety helmet. It’s the law, and it’s also a life-saving protection. However, this doesn’t affect the victim’s right to seek compensation from a reckless driver who caused the accident.
In some cases, a car insurance company may try to reduce its liability for injuries in an accident. Insurance adjusters may try to find their own doctors who will testify that the injuries would have been less severe if a victim had been wearing a helmet.
Under the legal concept of comparative negligence, drivers and motorcyclists can share blame in an accident or for the severity of injuries. A motorcyclist may have to share some of the fault for a head injury that might have been prevented. A judge might divide the blame. For instance, a rider may be assigned 25% of the blame for not wearing a helmet, and the driver would receive the rest of the fault (75%). If this were the case, the rider would still receive compensation, but it would be reduced by 25%.
However, when you have a Bell CA Motorcycle Accident Lawyer handling your case, your lawyer would be fighting back against any attempt to blame you. Your lawyer would fight to get the blame in an accident reduced to as low a percentage as possible. And when you aren’t responsible for any part of your accident or injury, your lawyer will demand that the liability be reduced to zero, so you receive full support.
Frequently Asked Questions
What can I do at the scene of my motorcycle accident to help build a strong case?
You should collect evidence in the aftermath of your crash once the scene is secure and only if you feel strong enough to do so. It’s a good time to grab powerful evidence, because much of it will be cleared away when the accident scene is cleaned up. First, call 911 and request an ambulance if anyone is hurt. Take photos of the car damage and the damage to your bike. Show your helmet in a selfie if you were wearing one. Take photos of any visible injuries and damage to clothing. Get witness contact information. Get information from the driver unless an investigating officer is providing it to you.
How long can I wait to file a Bell motorcycle accident claim?
Two years. You have up to two years from the date of your accident to file a claim. But don’t delay. The sooner you turn your case over to an attorney, the easier it will be to gather fresh evidence, secure security footage, and track down witnesses.
How do I know if I need a motorcycle accident lawyer for my case?
If your injuries are serious, such as a broken bone or a head injury, and a careless driver caused your accident, it’s a good sign to speak to a lawyer in a free consultation. In these types of cases, a lawyer can often get you much more for your claim than you could by handling it yourself. A lawyer is also an important protection in injury cases. When medical bills run high, insurers fight harder to resist having to support you. They’ll look for ways to blame you for what happened or try to say you only got hurt because you weren’t wearing a helmet. These are ridiculous arguments, but many victims without legal protection end up getting much less in support than they should. Some end up with nothing and must struggle to pay for their own recoveries.
Contact a Lawyer Serving Bell Motorcycle Accident Victims
Contact Maison Law to make sure you are clear on the rights you have as a victim and the benefits that are available to you and your family. We offer a free, no-obligation case evaluation to all motorcycle accident victims and their families. We want to make sure victims get the support they need to recover and return to the road again.
And if you need our help to secure more for recovery, you won’t need any upfront money. If you hire us, we don’t get paid unless we win your case. Then our fee comes out of the money the car insurance company must pay you.
