Maison Law helps those injured in Salinas motorcycle accidents. There’s a lot of different factors in a typical motorcycle accident in Salinas, including what you do–or don’t do. This includes not wearing a helmet, and while it might not change your legal options, it will make your situation more difficult. Our experienced team can support you in a claim, though. Contact us today for a free consultation to learn more.
Should You Hire a Lawyer?
Anytime you have serious injuries or your claim is a bit more complicated, it’s in your best interest to think about hiring a lawyer. This certainly applies in a situation when you’re in a motorcycle accident while not wearing a helmet.
Our team of experienced Salinas motorcycle accident lawyers can help you by:
- Guiding you through the claims process
- Explaining your options at every step
- Helping you gather important evidence
- Protecting your claim against insurance companies
Our overall goal is to make the legal process easier for you. We offer free initial consultations and work on a contingency-fee basis, meaning there’s no upfront cost for you. When you’re hurt in any type of motorcycle accident, though, you need to understand what you can do to protect your claim first and foremost.
How Can You Strengthen a Motorcycle Accident Claim If You’re Not Wearing a Helmet?
Not wearing a helmet in a motorcycle accident in Salinas is far from preferable, but it doesn’t actually take away your right to file an injury claim. This is because not wearing a helmet isn’t what caused the accident itself. But still, just having the right to file a claim for damages isn’t enough.
You have to strengthen your claim any way you can. So, when you’re in a motorcycle accident, you have to make sure to take the following steps:
- Get medical help – Call 911 for an ambulance. Once EMTs arrive, let them take care of your injuries. If your injuries are serious enough, they’ll transport you to a local hospital for further care.
- Be honest with police – You should also call the police to respond to the scene. They’ll help you manage things and get information. Be honest with them about not wearing a helmet.
- Document the accident scene – Take pictures and videos of the accident scene if your phone still works. This will provide a visual account of what happened, along with any damage and causes of the accident.
- Preserve evidence – Don’t fix or replace anything damaged in the accident, including your motorcycle or anything else (at least until you can document it for your claim.)
- Don’t admit fault – Make sure not to make any detailed statements or admit fault for the accident. You shouldn’t try to hide that you weren’t wearing a helmet at the time, but also just stick to the facts of what happened when you talk to the police or an insurance adjuster.
These steps will apply to virtually any accident situation, but they are especially crucial when a helmet isn’t worn. Once your health and safety are taken care of, though, it’s time to focus on your legal options.
What Legal Options Do You Have If You’re Not Wearing a Helmet in a Motorcycle Accident?
The good news, relatively speaking, is that not wearing a helmet doesn’t impact your legal options at all. As long as the motorcycle accident you’re in was caused by someone else’s negligence, it allows you to file an injury claim to recover financial support known as “damages.”
Now, you can do this in one of two ways:
- Filing an insurance claim out of court
- Filing a personal injury lawsuit
The goal of any injury claim is to recover damages, or compensation for your losses. These can include:
- Medical expenses and treatment costs
- Lost income and future earning potential
- Pain and suffering
- Emotional distress
- Property damage, covering repair/replacement costs for your motorcycle or other property
- Wrongful death expenses, if injuries are fatal
The amount of financial support you receive depends on the severity of your injuries and your level of fault in the accident. When you don’t wear a helmet, your injuries are going to be worse, but liability is also going to be a bit more complicated.
Who Pays For Your Damages in a Motorcycle Accident Claim?
Much like your options aren’t impacted by not wearing a helmet in a motorcycle accident, liability also isn’t really impacted. The legal standard is still negligence, which simply means that:
- Someone failed in their responsibility to drive or act in a way that keeps you and others safe.
What this does–and why it’s so important–is that it sets the legal responsibility for who has to pay for your damages. In most motorcycle accidents, this is going to fall on one or multiple of the following:
- Drivers of cars or other vehicles
- Other motorcyclists
- Pedestrians
- The city or its road maintenance crews
- Private construction companies (if the accident happened in a work zone)
- Vehicle manufacturers
Pinpointing the responsible party is crucial because it determines who you’ll file your claim against. But not wearing a helmet is going to also cause more pressing issues–namely injuries.
What Injuries Can Happen in Motorcycle Accidents When You Don’t Wear a Helmet?
It’s fairly obvious that not wearing a helmet in a motorcycle accident is going to make your injuries much worse. After all, while you don’t have a lot of protection in a motorcycle accident, a helmet can at least reduce the risk of head injuries. But again, every accident is different. So, when you don’t wear a helmet, you can expect to have to deal with the following:
- Traumatic brain injuries (TBIs) – These are among the most serious head injuries. They can range from mild concussions to severe brain damage.
- Spine and neck injuries – These injuries can result in paralysis.
- Facial injuries – Broken bones, cuts, and disfigurement are common.
- Bone fractures – Injuries to the skull, jaw, and other facial bones are frequent.
- Eye injuries – Damage to the eyes can lead to vision loss or blindness.
These injuries are going to mean extensive treatment and rehabilitation. While you can still file a claim, not wearing a helmet can negatively impact your case. Under California’s comparative negligence law, your damages can be reduced based on your degree of fault, or how you contributed to the accident and your injuries.
Not wearing a helmet fits this standard, but you still have options. That’s why it’s important to work with our team of Salinas motorcycle accident lawyers.
Legal Guidance After a Salinas Motorcycle Accident
When you’re hurt in a motorcycle accident, it’s always unfortunate. Even though you should always wear a helmet, not wearing one doesn’t keep you from recovering damages in a claim. But you need a strong case and the right legal guidance. That’s where our Salinas motorcycle accident lawyers at Maison Law can help. We’ll make sure your claim is as strong as possible and you get what you can from the legal process. Contact us today for a free consultation to get started.
