Yes, you can sue after a motorcycle crash even if you weren’t wearing a helmet. Your right to seek compensation depends on who caused the crash, not whether you wore protective gear. If another driver’s negligence led to the collision, you can hold them accountable.
However, not wearing a helmet may impact the amount of compensation you can receive, especially if you have suffered head injuries. The at-fault party might claim that your injuries would not have been as severe had you worn a proper helmet.
It’s smart to get legal help with complicated personal injury cases. Our Kansas City motorcycle accident lawyers have recovered millions for injured accident victims in Missouri and Kansas. Call today for a free consultation and tell us about your motorcycle accident.
How Will Not Wearing a Helmet Reduce the Compensation You Can Get?
If you weren’t wearing a helmet, it may reduce the compensation you’re eligible to receive, especially if you sustained head or brain injuries. The insurance provider may contend that your injuries could have been prevented or would not have been as severe had you worn a helmet.
You can still sue after a motorcycle crash if you weren’t wearing a helmet, but it can impact how much you recover. The key factor is whether your injuries were made worse by not wearing a helmet.
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How Can Comparative Negligence Apply to Your Case?
Comparative negligence allows courts to divide fault between parties based on their actions. If you weren’t wearing a helmet and suffered a head injury, the court may find that you share some of the responsibility for the extent of your injuries.
For example, if a jury finds you 20% at fault for not wearing a helmet, your total compensation could be reduced by that percentage. However, comparative negligence does not eliminate your right to recover damages; it simply adjusts the amount based on shared responsibility.
Some states cap your ability to recover damages if you are more than 51% responsible for the accident. Others, such as Missouri, follow a pure comparative negligence system, meaning you can recover damages no matter your percentage of fault (Missouri Revised Statutes § 537.765).
What Happens if You Weren’t Wearing a Helmet, but the Accident Wasn’t Your Fault?
Even if the accident wasn’t your fault, your lack of a helmet may still become an issue if you suffered head or brain injuries. If you sue after a motorcycle crash and you weren’t wearing a helmet, you may win your case, but your compensation can still be reduced.
On the other hand, if your injuries were unrelated to your head or neck, such as a broken limb, the absence of a helmet may be irrelevant. Fault for the accident and fault for your injuries are legally separate matters.
Can an Insurance Company Deny Your Claim Because You Weren’t Wearing a Helmet?
No, the other driver’s insurance company cannot legally deny your claim solely because you weren’t wearing a helmet. If their insured driver caused the crash, you are still entitled to pursue compensation.
If you encounter resistance from the insurance company, legal representation can make sure you are treated fairly and that your rights are fully protected. Our team can help you understand what to do after a motorcycle accident.
We’ll help you appeal and secure your rightful benefits.
Does Not Wearing a Helmet Automatically Make You Responsible for Your Head Injuries?
Not wearing a helmet does not automatically make you responsible for any head injuries you suffer in a motorcycle crash. Whether or not you are at fault depends on the specific facts of your case.
A court will determine whether another party’s negligence primarily caused the accident and the resulting injuries. Medical experts may also weigh in on whether a helmet would have prevented or lessened your injuries.
Can You Be Ticketed After the Crash for Not Wearing a Helmet?
Yes, you may receive a ticket if you weren’t wearing a helmet and your state’s laws require one. Helmet laws vary across the country, and in many states, certain riders, such as those under a specific age or without a full license, are legally required to wear helmets.
If you fall into one of these categories, law enforcement might issue a citation, even if the crash wasn’t your fault. While a ticket doesn’t stop you from filing a personal injury claim, it could be used as evidence by the defense if your injuries involve your head.
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Do You Need an Attorney for a Motorcycle Crash Lawsuit?
You can sue after a motorcycle crash if you weren’t wearing a helmet, but it is a good idea to seek legal help. Motorcycle accident claims often involve complex legal issues, especially if there are arguments about whether not wearing a helmet contributed to the harm.
Insurance companies have experienced legal teams working to limit how much they pay, and they may offer low settlements to unrepresented individuals. Our attorneys will protect your rights, gather evidence, negotiate with insurers, and, if needed, take your case to court.
At Kevin McManus Law, our team has over 60 years of combined experience fighting for injured accident victims in Missouri and Kansas. With us, you get the results you deserve from a firm you can trust. Call today to schedule a free consultation.
