Motorcyclists in California have to wear a helmet according to Vehicle Code 27803. However, a careless driver is still liable for hitting a motorcyclist and can be sued for injury support, even if the rider wasn’t wearing one.
Insurance companies will try to blame motorcyclists for every accident if they are allowed to. Don’t let them get away with this shady behavior.
If you were hit by a vehicle while on a motorcycle, contact us today for a free, confidential consultation. We are advocates for safe rides for all riders and during your consultation, we’ll provide you with your best legal options.
Can I Seek Compensation After a Motorcycle Accident If I Wasn’t Wearing a Helmet?
Yes. You can still file an injury claim and demand compensation from a careless driver if you are struck while on a motorcycle. This is still true even if motorcyclists didn’t have helmets on. In California, reckless motorists aren’t excused for their actions just because a victim wasn’t using a helmet.
If a driver’s reckless behavior causes you to suffer injury, you are empowered to seek help in paying your medical bills and other damages such as your lost paychecks while out of work. Your non-economic damages, such as the pain you endure and the emotional hardships you are put through are also the at-fault driver’s responsibility. Non-economic damages can include the loss of enjoyment of life riders will feel when they can’t get back on their motorcycles for weeks or months.
In some cases, a car insurance adjuster may attempt to argue that your injuries wouldn’t have been as severe if you’d had a helmet on. This would be a tactic used to try to lessen the amount of support the insurer would provide to you.
However, your Visalia Motorcycle Accident Lawyer would fully investigate your case and use the evidence to keep the finger of blame firmly on the driver. Your attorney would seek the maximum in compensation available for your recovery and make sure you had the support to cover any medical care needed in the future.
What’s The Penalty for Not Wearing a Motorcycle Helmet in California?
Motorcyclists caught not wearing a helmet or wearing a helmet that doesn’t meet the proper specifications from the U.S. DOT may pay a fine of up to $250. Those consequences could increase if the rider without a helmet is also found speeding or making reckless moves.
All riders should wear helmets when they ride. It’s a tremendous safety advantage that protects the head. The brain is at tremendous risk anytime motorcyclists are sent from their bikes. The National Safety Council (NSC) estimates that helmets are 37% effective in preventing fatal injuries. That doesn’t factor in a helmet’s ability to lessen the severity of injuries.
Helmets are a powerful safety tool, but motorcyclists who aren’t wearing helmets can still ask for support from bad drivers who strike them. Your Maison Law attorney would be demanding the maximum in compensation for you and your family so you could begin to rebuild your life.
What Type of Compensation Can I Demand After a Motorcycle Accident?
Your motorcycle accident attorney fights back when insurance companies try to downplay the seriousness of your injury or try to blame you for what happened.
Your lawyer is also an extra layer of security when checking over the settlement offers insurance companies make. Your lawyer makes sure you don’t accidentally sign away your rights for a “lowball” settlement. These inadequate settlements aren’t enough to cover all of your recovery costs and could leave you and your family to pay for some expenses out of pocket. That’s unacceptable.
Your lawyer demands compensation for every hardship you’ve endured, including support for some factors you may not have known could earn you more:
- Hospital and physical therapy expenses.
- All costs associated with a permanent physical disability such as a limp, scars, loss of a limb, or loss of mobility.
- Emotional anguish, such as depression and anxiety while riders are dealing with difficult recoveries and are unable to resume their motorcycle rides.
- The hardship of dealing with constant physical pain.
- Past and future lost wages at work.
- Money for transportation costs to hospital appointments while a rider is on crutches or in a wheelchair.
- Money for repairs or a new motorcycle.
- Wrongful death benefits. Support for families who have lost a loved one in a motorcycle accident. This claim would seek financial help with funeral costs and leftover medical bills. Families must also receive support for the future when they are without the love and financial support the deceased would have provided.
Contact a Lawyer Serving California Motorcycle Accident Victims
If you or a loved one has suffered a serious injury in a motorcycle collision caused by a careless driver, discuss your case with a skilled California Motorcycle Accident Attorney as soon as possible. Accident victims should never be left to face the costs of recovery alone, no matter if they were wearing a helmet or not.
Contact Maison Law to make sure you are clear on the rights you have as a victim and the benefits that are available to you and your family. We offer a free, no-obligation case evaluation to all motorcycle accident victims and their families. We want to make sure victims get the support they need to recover and return to the road again.
