No matter what the circumstances are surrounding your motorcycle accident, Maison Law’s Stockton motorcycle accident lawyers can help you. We represent injury victims in motorcycle accidents and can help explain what your rights are. More than that, we’ll be there to provide support and guide you through the legal process. Contact us today for a free consultation.
Are You Required to Wear a Motorcycle Helmet in California?
Not surprisingly, California law makes it a requirement to wear a motorcycle helmet. It’s not complicated to see why: wearing a helmet, especially in situations where you’re in a motorcycle accident, gives you a much better chance at survival. Still, not every rider chooses to follow this law. However, when there’s an accident, not wearing a helmet doesn’t disqualify you from filing an injury claim thanks to the way the law works in terms of liability.
Liability
In legal terms, being responsible for causing the accident is what makes you liable. As a result, not wearing a helmet has nothing to do with you being able to file a claim after a motorcycle accident.
Rather, liability is determined by negligence, which has four elements that must be met:
- Duty of care – People have a duty of care to operate their vehicle in such a way that prevents injuries or accidents from happening.
- Breach of duty – There was a breach of duty and an accident.
- Causation – The breach caused the accident.
- Damages – The accident resulted in injuries and damages to you.
With negligence and liability established, you can move forward with your legal options and filing a claim. However, it’s important to understand that when you don’t wear a helmet, it will factor into the claims process.
How Will Not Wearing a Helmet Factor Into the Claims Process After a Motorcycle Accident?
There’s any number of different causes of a motorcycle accident in Stockton, from distracted drivers to potholes in the road. It goes without saying that you should wear a helmet when riding your motorcycle. However, if you decide not to, you’ll likely come away with more significant injuries should you find yourself in an accident. That’s probably the most consequential way not wearing a helmet will impact your accident. But there’s other ways that not wearing a helmet will factor into your injury claim:
- Comparative negligence – California follows a “comparative negligence” statute, meaning any percentage of fault you play in the accident will reduce the value of your overall claim by the same percentage. Not wearing a helmet will be considered–especially by an insurance adjuster–as a sign that you weren’t taking your health and safety seriously, and as such, they shouldn’t have to pay as much out in a potential settlement.
- Evidence – A big piece of evidence you’ll have for your claim are medical records and other reports of your injuries. Not wearing a helmet typically results in more serious injuries, which will come across in your medical records and injury reports. In the short-term, this is going to mean more treatment and higher expenses, but you won’t be able to get the same amount in a settlement if you’re not wearing a helmet.
Damages
The overall goal of any injury claim is to recover damages. This is simply the legal term for your injuries and other losses. So, in a typical motorcycle accident claim, you can potentially recover the following:
- Medical expenses and costs
- Lost income or benefits
- Loss of companionship or enjoyment of life
- Pain and suffering
- Emotional distress
- Wrongful death expenses in a fatal accident
- Punitive damages, in some cases
The legal process is not always straightforward, particularly in cases where you share some liability in the accident itself. Still, you have the right to file a claim and recover the above damages. However, in order to make sure you get the full extent of these damages, you’ll need to know how to strengthen your claim.
How Can You Strengthen a Motorcycle Accident Claim?
Wearing or not wearing a helmet is ultimately your choice. But the strength of your claim is going to come down to the evidence of what you did–and didn’t do–and how that played into the circumstances of the accident. Not wearing a helmet is certainly going to factor into your claim, but what it will require of you is taking steps to strengthen your claim. Here’s how:
- Seek medical attention right away – Call 911 for an ambulance, even if you don’t feel hurt. Shock or adrenaline can hide serious injuries. Don’t refuse on-site medical attention–it’s crucial for your health and potential injury claim. Insurance companies might use any delay to dispute your claim.
- Get information from the driver – The police may not always come if called about the accident, so if you’re able, make sure to gather the driver’s details: their vehicle’s make and model, insurance info, and license plate number.
- Speak to any witnesses – In motorcycle accidents, witnesses can be vital. If possible, speak to them, get their contact information, and ask if they can provide a statement about the accident.
- Collect evidence at the scene – Use your phone to take pictures and videos of the scene, including damage to your motorcycle, the other vehicle, and your injuries. This evidence will help with your insurance claim.
- Write a statement – Once you’re able to get medical care, write down important details right after the accident to remember everything. Note any statements the driver makes, like apologizing or admitting fault. You’ll also want to make a timeline of the events that led up to the accident. These can support your claim later on, especially if you’re not wearing a helmet.
With these pieces in place, you can then move forward with actually filing your claim for damages. While this is usually done through an insurance claim or a lawsuit, it’s probably in your best interest to speak with our team at Maison Law before deciding to take action. During our free initial consultation with you, we’ll explain your rights, options, and what you can expect.
Dedicated Stockton Motorcycle Accident Lawyers
Being involved in a motorcycle accident in Stockton is far from ideal, but even more so if you’re not wearing a helmet. You have precious little protection in motorcycle accidents under the best of circumstances, but if you’re not wearing a helmet, your injuries will probably be worse. At Maison Law, our dedicated Stockton motorcycle accident lawyers will be there to help you through the legal process and get the result you need to begin healing. Contact us today for a free consultation to learn more.
