Maison Law helps people that have been injured in motorcycle accidents in Turlock. Whether you were wearing a helmet or not at the time of your accident, our team is here to help you understand your rights and options. These cases can be complex, especially if helmet use is in question—but that doesn’t mean you’re automatically at fault. If you or someone you love has been hurt in a motorcycle collision, we’re here to guide you. Let’s talk in a free consultation and see what steps make sense for you.
Can I Sue If I’m Hurt in a Motorcycle Accident Where I’m Not Wearing a Helmet?
It’s true that not wearing a helmet can lead to more serious injuries–but that doesn’t automatically mean you’re to blame for the accident. In California, motorcycle riders in your situation can still file a claim after an accident, even if they weren’t wearing a helmet.
That’s because injury claims are based on negligence–not whether you followed the law that says you have to wear a helmet while riding a motorcycle. If someone else caused the accident through their own careless or reckless actions, they may still be held legally responsible. In legal terms, negligence is what determines:
- Who caused the accident
- Who has to pay for your damages
So even if you weren’t wearing a helmet, you may still have a strong case–especially if the other driver’s actions are what led to the accident.
What Do You Need to Do After a No-Helmet Motorcycle Accident?
If you were in a motorcycle crash in Turlock and weren’t wearing a helmet, you’re likely facing more than just physical injuries. One of the biggest challenges will be how the insurance company tries to use that against you. But not wearing a helmet doesn’t cancel out your right to file a claim–especially if someone else caused the accident. Here’s how you can protect your case:
- Call 911 right away – Your safety comes first. Even if you feel okay, call 911 so you can get checked by paramedics. Some injuries take hours–or even days–to show symptoms. Getting medical help early also creates a record that can support your claim. Ask for the police to come to the scene too.
- Exchange info with the driver – If officers don’t arrive, be sure to get the driver’s name, phone number, insurance info, and vehicle details.
- Look for witnesses – If anyone nearby saw what happened, get their contact information. A neutral witness can make a big difference when it comes to proving fault.
- Document the scene – Take photos of everything: the road, your motorcycle, the other vehicle, any skid marks, damage, and visible injuries. This kind of evidence is hard for insurers to argue with.
- Write down what you remember – As soon as you can, jot down what happened. Include anything the driver said–like “I didn’t see you” or “I was turning left.” These small details can help show who was really at fault.
These steps are important in any motorcycle accident–but they’re especially critical if you weren’t wearing a helmet. They help keep the focus on what really caused the accident–not just what you were wearing.
How Does Not Wearing a Helmet Affect a Motorcycle Accident Claim in Turlock?
Motorcycle accidents in Turlock can happen for all kinds of reasons—distracted drivers on Geer Road, unexpected stops along Golden State Boulevard, or even poor road conditions. And when you’re not wearing a helmet, it’s going to factor into the claims process:
- Comparative negligence – California uses a “comparative negligence” system. That means if you’re found partially at fault, your damages get reduced by that percentage. Insurance companies often argue that not wearing a helmet is a sign you weren’t protecting yourself, which they may use to lower your payout–even if someone else caused the accident.
- Your injuries become evidence – Without a helmet, your injuries are likely to be more serious–especially to your head, face, and neck. That will show up in your medical records, which become a key part of your claim. Ironically, while more severe injuries usually mean higher medical bills and treatment costs, insurance companies may push back on paying the full amount if they think your decision not to wear a helmet added to your injuries.
Again, though, the main point is that you can still file a claim even if you weren’t wearing a helmet. You do this just like any other motorcycle accident–by filing an insurance claim out of court or filing a lawsuit. Both options allow you to recover “damages” that can include things like:
- Medical bills and ongoing treatment costs
- Lost income or job benefits
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship (in serious or fatal cases)
- Wrongful death-related expenses
These claims can get complicated–especially if fault is shared. But you still have the right to hold the other person accountable and go after the financial support you need to move forward. The key is knowing how to present a strong claim, even when the insurance company tries to shift the blame. That’s where our team can step in and help you.
Contact Maison Law For Help With a Motorcycle Accident Claim in Turlock
You’re not required to have a lawyer to file a claim–but having one can make a big difference, especially in a situation where you weren’t wearing a helmet and the insurance company is pushing back. At Maison Law, our experienced motorcycle accident lawyers can:
- Walk you through your legal options
- Look into how the accident really happened
- Collect the evidence needed to back your claim
- Handle the insurance company for you
- Help you avoid costly mistakes
If your accident happened in Turlock and you weren’t wearing a helmet, you still have a right to go after damages —but you’ll need to be proactive about protecting that right. Let us help make that easier. Contact us for a free, no-obligation consultation today.
