If you spend any amount of time riding a motorcycle in California, you’re probably well aware that wearing a helmet is very important to your overall safety. In fact, there is data that proves this point definitively.

According to a 2021 study from the National Highway Traffic and Safety Administration (NHTSA), 55% of fatal motorcycle accidents in states where there is no universal helmet law involved riders with no helmet on.

Dedicated Legal Guidance and Support From California Personal Injury Lawyers

Even with this knowledge and the fact that California law requires a helmet to be worn, some riders in California still choose not to wear a helmet. The good news is that if you didn’t wear a helmet and the accident was caused by someone else’s fault, you can still seek compensation for the damages. However, your ability to recover can depend on your choice of legal guidance.

At Maison Law, our experienced team of California personal injury lawyers can help you through the legal process after a motorcycle accident and assist you in recovering compensation. To learn more, you can contact us for a free consultation to discuss your case.

What Can Cause a Motorcycle Accident in California?

While California has seemingly ideal conditions for riding a motorcycle, the reality is that it is fairly dangerous. There are various reasons for this, from the fact that there’s really no protection in the event of an accident with a car to the fact that you can’t account for other road users to act in a safe way. That said, there are a number of common causes of motorcycle accidents in California, including:

Not looking carefully around your vehicle before changing lanes
Making dangerous lane changes or trying to ride between lanes
Driving too fast when the road conditions are not safe
Other drivers not giving enough space to motorcyclists when they have the right of way
Driving while drunk or on drugs
Not paying attention while driving, like using your phone or getting distracted
Ignoring stop signs or traffic lights, and not obeying traffic rules

Another concern for motorcyclists in California is “no-contact” accidents, which occur when a motorcycle crashes without touching another vehicle or object. These accidents often happen due to things like:

Motorcycles’ high speeds
Limited maneuverability, especially in poor road conditions

To stay safe while riding motorcycles, riders should drive carefully, not go too fast, and pay attention to other drivers. Understanding and handling these risks can make the riding experience safer and more fun. But it’s also crucial to know that accidents can have serious consequences.

Injuries in California Motorcycle Accidents When You’re Not Wearing a Helmet

In simple terms, if you ride a motorcycle without wearing a helmet and get into an accident, you have a higher chance of injuring your head. Head injuries are the most common type, but you can also sustain other injuries, like:

Serious brain injuries that can cause long-term problems.
Temporary brain disturbances called concussions from a hard hit to the head.
Broken bones in the face, which may need medical help and can cause changes in appearance.
Severe jaw fractures that require surgery and take a long time to heal.
Damage to teeth and gums, which may lead to tooth loss or need extensive dental work.
Injuries to the ears like hearing loss or damage to the eardrums.
Eye injuries ranging from minor scratches to severe damage that can affect vision.
Injuries that leave permanent marks or change the look of the face.

Remember, each accident is different, so the injuries you get can vary. After an accident, it’s essential to seek medical help right away for your injuries. Also, contact our team to protect your legal rights.

Liability in California Motorcycle Accidents

When there’s a motorcycle accident in California, it operates the same way as any other vehicle accident. This means that liability is determined by negligence, which means proving that someone acted carelessly and caused the accident and your injuries. There are four main things you need to show:

The responsible person had a duty to act safely and reasonably.
They failed to meet this duty by being negligent.
This negligence directly caused the accident in question and your injuries.
You must show that you were injured or suffered losses due to the accident.

Not wearing a helmet in a motorcycle accident can make things more complicated. California follows a “comparative negligence” law, which means if you are partly at fault, your compensation could be reduced by the same percentage. Not wearing a helmet might be seen as not taking enough precautions to prevent injuries. However, if someone else’s negligence caused the accident, you still have legal rights to seek compensation for your injuries.

Insurance Tactics

Comparative negligence is only one way that the responsible party–or more accurately, their insurance company–will try to shift some of the blame for the motorcycle accident to you. With their vast resources, insurance companies employ a number of other tactics to reduce their liability in a motorcycle accident claim. Some of the most common ways they do this involve arguing that:

If you didn’t wear a helmet and got hurt, it made your injuries worse. They could use this to lower the amount of money they offer you.
Because you chose not to wear a helmet, you knew the risks and accepted the possible harm if there was an accident.
Not wearing a helmet was a big reason the accident happened or why you got hurt. Because of this, they might try to avoid giving you any compensation.

Remember, not wearing a helmet doesn’t mean others can’t be held responsible for their mistakes. Even if you didn’t wear a helmet, if someone else caused the accident, you might still have a right to compensation. But it’s really important to at least talk to our team of skilled personal injury lawyers to understand your rights and what you can do.

Legal Steps To Take After a California Motorcycle Accident

It’s important to note up front that there’s no legal requirement in California that says you need to hire a lawyer to file a claim after a motorcycle accident. However, the legal process will determine just how much compensation you get for your injuries. Moreover, with an insurance company involved, you’ll need experience and skill to make sure you get the maximum amount of what’s available. We can help you with all of that. Throughout our years of practice, we have developed an effective system for handling motorcycle accident claims that includes:

Gathering and tallying medical records – For your part, getting immediate medical help is very important to your claim. On our end, we will help you gather up all of your pertinent medical records and expenses relating to your accident. That way, we can get a proper accounting of your expenses.
Collecting evidence – We can help you gather as much proof as possible, like pictures of the accident scene, statements from witnesses, and police reports. This evidence shows who was at fault and the extent of your damages.
File an insurance claim – If you have the other driver’s insurance information, we will help you file a claim with their insurance company. Then, we’ll handle the claim and its negotiations to get you a fair settlement.
Think about filing a lawsuit – If the insurance company doesn’t offer a fair settlement or their compensation is not enough, we’ll file a personal injury lawsuit on your behalf to get the available damages. Ultimately, the decision is up to you, though.

Possible damages you can seek in a California motorcycle accident case include:

Medical expenses and related costs.
Therapy expenses for recovering from injuries.
Compensation for lost income due to being unable to work, as well as physical and emotional pain caused by the accident.
Compensation for the impact on your relationships and enjoyment of life.
Funeral and burial expenses in fatal accidents.

Get the Treatment You Deserve With California Personal Injury Lawyers

At Maison Law, we are here to offer reliable legal support for injuries caused by motorcycle accidents in California. Our team of personal injury lawyers is committed to helping you get the compensation you rightly deserve. We’ll take care of all the legal responsibilities, so you can concentrate on your health and rebuilding your life.

Should I Hire a Personal Injury Lawyer If I’m In a Motorcycle Accident Without a Helmet in California?