Maison Law helps people that have been injured in motorcycle accidents in Porterville. Although they’re almost always more serious in terms of injuries, these accidents are viewed the same in the eyes of the law. This means you have certain options when someone else causes your accident–even if you weren’t wearing a helmet at the time. Our team can help you through the claims process so you can get better. Set up a free consultation today to learn more.
Can I File an Injury Claim After a Motorcycle Accident Where I Wasn’t Wearing a Helmet?
Not wearing a helmet while riding a motorcycle is obviously pretty reckless. But it actually doesn’t take away your right to file an injury claim when you’re in an accident. However, there’s a couple important distinctions here:
- The accident has to be the fault of some other person or group’s negligence.
- Not wearing a helmet is likely to be seen as adding to the seriousness of your injuries.
With these two factors in play, it means that not wearing a helmet is going to play a pretty important role in how your claim plays out–even though you can still file one.
How Do Motorcycle Accidents Usually Happen in Porterville?
Even though you can still file a claim in a motorcycle accident where you weren’t wearing a helmet, it’s still important to know how accidents happen. This is important, because negligence and liability are going to be extremely important to your potential claim:
- Left turns – A driver turns in front of a rider at intersections like Olive and Plano. These crashes are sudden and severe. If you weren’t wearing a helmet, the injuries—especially to your head or face—can be worse, which insurers may try to use against you.
- Drivers not paying attention – A car changes lanes or pulls out without checking for motorcycles. On roads like Henderson or Main Street, this happens more than it should. If you weren’t wearing a helmet, your injuries might be more serious—but that doesn’t make the crash your fault.
- Rear-end collisions – Getting hit from behind may not seem major for a car, but for someone on a motorcycle, it’s a different story. You can be thrown forward and seriously hurt—especially without a helmet protecting your head or neck.
- Bad road conditions – Gravel, potholes, and uneven pavement are dangerous for any rider. And when an accident happens because of poor maintenance, not wearing a helmet can lead to more severe injuries. But that still doesn’t excuse the road hazard.
- Aggressive drivers – Speeding, tailgating, and weaving through traffic all put riders at risk. If someone hits you while driving recklessly, your helmet—or lack of one—might affect how serious your injuries are, but not who’s at fault.
- Opening car doors – It’s common in town: a parked driver opens their door into your path. If you weren’t wearing a helmet, the impact might lead to more visible trauma—something insurers often focus on.
Not wearing a helmet might affect the insurance company’s response, but it doesn’t cancel your rights. In most cases, the accident still happened because another driver didn’t do what they were supposed to do. At that point, you’ll have the legal right to file your claim.
How Do I File an Injury Claim After a Motorcycle Accident?
Once you can show negligence on the part of a driver or someone else, your motorcycle accident claim really kicks off. But to actually get “damages,” you’re going to need to file a claim. To do that, you can either file:
- An insurance claim out of court.
- A personal injury lawsuit.
The point of filing any injury claim is to recover financial support that relates to your injuries and other losses from the accident, like:
- Medical bills and follow-up treatment
- Lost wages or missed work benefits
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship (in severe or fatal crashes)
- Wrongful death-related costs
These claims can get more complex when you aren’t wearing a helmet—especially if the insurance company tries to argue that you share some of the blame, which they’ll probably do. But even if the fault is divided, you can still recover damages. That’s where we come in. We’ll help you build a strong case, even when the insurance company is trying to downplay your injuries or shift blame your way.
Get Help After a Motorcycle Accident in Porterville With or Without a Helmet
You don’t have to hire a lawyer to file a claim—but it can make a real difference, especially when you’re dealing with an insurance company that’s pushing back because you weren’t wearing a helmet. At Maison Law, our motorcycle accident team helps riders in Porterville by:
- Explaining your legal options in plain language
- Investigating how the accident really happened
- Gathering medical records, witness statements, and other key evidence
- Handling the insurance company so you don’t have to
- Helping you avoid common mistakes that could impact your claim
If you were hit while riding in Porterville—even without a helmet—you still have rights. Let’s protect them together. Contact us for a free consultation and let’s talk about what happened and how you can start moving forward.
