Wearing a motorcycle helmet is the law in many states, but protecting yourself in this way is always a smart idea wherever you're riding. If you're in a motorcycle accident and aren't wearing a helmet, the immediate concern is that your probability of sustaining a serious injury is significantly higher. There are some additional problems that you might not have considered, however, and they relate to how you might fare when you hire an attorney and pursue a case against the other motorist involved in your accident. Here are three problems associated with not wearing your helmet.
Your Memory Of The Event May Be Poor
For a motorcycle accident case to be successful, it's ideal if the motorcyclist can specifically detail what happened immediately before, during, and after the accident. This is especially important if the accident occurred in an area in which there weren't any witnesses. Unfortunately, your ability to relay these details to your attorney may be difficult if you weren't wearing a helmet. If your head hit the road, you may have little to no memory of the accident. Even if you didn't sustain a head injury, the defendant's attorney may argue that your recollection of the accident is suspect because you weren't wearing a helmet.
Your Settlement Could Be Less
It's possible that your financial settlement following a motorcycle accident lawsuit could be less because you weren't wearing your helmet. If you sustained any type of head, neck, or facial injuries, and are asking for compensation for them, the defendant's attorney will likely counter by stating that your lack of a helmet compounded these injuries. Even if your accident occurred in a state in which motorcycling without a helmet is legal, it's easy for the other party's legal representation to argue that you're culpable for your injuries to an extent because of your choice to not wear a helmet.
Your Injuries' Costs May Be Unknown
If you sustained a head injury because you weren't wearing your motorcycle helmet, it's possible that you'll be in for a long road to recovery. The problem with this is that it may be difficult — even for medical specialists — to truly understand the extent of your injury. This can pose a problem for your lawsuit. For example, if it's not clear how much time you'll miss from work, or how your career may be limited in the future because of your injury, it can be difficult for your attorney to know how much to ask for in damages.
Contact an accident attorney for more help.Share