Wearing a helmet is always a good idea when riding a motorcycle – and it’s also the law. That said, failing to wear a helmet does not excuse the negligence of other drivers. If you are hit by a negligent motorist while riding, you can often recover compensation for your injuries – regardless of whether you were wearing a helmet. For this reason, if you have suffered injuries in a motorcycle accident, contact Desai Law today to schedule a free case evaluation with a Morgantown motorcycle accident attorney.
How Helmet Use Affects Liability
When it comes to determining fault in a motorcycle accident, the question of helmet use can play a significant role. Here’s how:
The “Helmet Defense”
In some cases, defendants may try to use what’s known as the “helmet defense.” This argument suggests that the plaintiff’s failure to wear a helmet contributed to their injuries, and therefore, the defendant shouldn’t be fully liable for the damages.
The effectiveness of this defense varies by state and situation. In West Virginia, where helmet use is required by law, this defense may carry more weight than in states without universal helmet laws. That said, victims can often recover compensation regardless of whether they were wearing a helmet at the time of their accident, so you should always talk to a lawyer as soon as you can.
It’s important to note that the helmet defense typically only applies to head injuries. If you suffered injuries to other parts of your body, the fact that you weren’t wearing a helmet shouldn’t affect your ability to claim compensation for those injuries.
Credibility Issues
Beyond the legal arguments, not wearing a helmet when required by law can affect how you’re perceived by insurance adjusters, judges, and juries. It might be seen as a sign of recklessness or disregard for safety rules. This perception could indirectly influence the outcome of your case.
At Desai Law, we work hard to present our clients in the best possible light, emphasizing their positive qualities and explaining the circumstances of the accident. However, complying with safety laws from the start makes this job easier.
Helmet Use and Insurance Claims
When dealing with insurance companies after a motorcycle accident, helmet use can come into play in several ways:
Coverage Issues
Some insurance policies may have clauses related to compliance with safety laws. If you weren’t wearing a helmet as required by law, it could potentially affect your coverage. Always review your policy carefully and make sure you understand all the terms and conditions.
Negotiating Settlements
Insurance adjusters are always looking for ways to minimize payouts. If you weren’t wearing a helmet and suffered head injuries, they may use this fact to justify offering a lower settlement. They might argue that your injuries would have been less severe if you had been wearing a helmet, even if the accident wasn’t your fault.
At Desai Law, we’re skilled at countering these tactics. We focus on the cause of the accident itself and fight to ensure our clients receive fair compensation, regardless of helmet use. However, wearing a helmet gives us a stronger position from which to negotiate.
Medical Considerations
Helmet use doesn’t just affect the legal and insurance aspects of your claim – it can have a significant impact on your medical condition and recovery:
Long-Term Care Needs
In cases of severe head injuries, victims may require long-term care or rehabilitation. These ongoing medical needs significantly increase the value of a claim. If wearing a helmet could have prevented or reduced these long-term care needs, it might affect the amount of compensation awarded.
Medical Expert Testimony
In serious injury cases, we often work with medical experts who can testify about the nature and extent of the injuries. If helmet use (or lack thereof) is a factor, these experts might be asked to opine on how a helmet could have affected the outcome. Their testimony can be crucial in determining the final compensation amount.
How Desai Law Can Help
If you’ve been involved in a motorcycle accident, whether you were wearing a helmet or not, Desai Law is here to help. Here’s what we bring to the table:
Thorough Investigation
We conduct a comprehensive investigation of every case, gathering all available evidence. This includes police reports, witness statements, medical records, and any physical evidence from the scene. If you were wearing a helmet, we make sure this fact is well-documented and emphasized.
Skilled Negotiation
Our team is experienced in negotiating with insurance companies. We know their tactics and how to counter them effectively. If the other party tries to use your helmet use (or non-use) against you, we’re prepared to fight back and argue for your right to fair compensation.
Litigation Experience
While we strive to settle cases favorably without going to court, we’re always prepared for trial if necessary. Our courtroom experience allows us to present your case effectively to a judge and jury, addressing any issues related to helmet use in a compelling manner.
Client Education
We believe in empowering our clients with knowledge. Throughout your case, we’ll keep you informed about the legal process, your rights, and how various factors (including helmet use) might affect your claim. We’re always available to answer your questions and address your concerns.
Personalized Approach
At Desai Law, we understand that every case is unique. We take the time to understand your specific situation, including the circumstances of your accident, your injuries, and your long-term needs. This allows us to tailor our legal strategy to best serve your interests.
No Upfront Costs
We work on a contingency fee basis, which means you don’t pay us unless we win your case. This allows you to focus on your recovery without worrying about legal fees.
The Road to Recovery
Whether you were wearing a helmet or not, if you’ve been injured in a motorcycle accident, your focus should be on recovery. Let us handle the legal side of your claim while you concentrate on getting better. Here are some steps we recommend for all motorcycle accident victims:
Seek Immediate Medical Attention
Even if you think your injuries are minor, get checked out by a medical professional. Some injuries, particularly head injuries, may not be immediately apparent.
Keep Detailed Records
Hang on to all medical bills, receipts for out-of-pocket costs, and documentation of lost wages. Keep a journal noting your pain levels and how the injuries affect your daily life.
Avoid Discussing the Accident
Don’t post about the accident on social media, and avoid discussing it with anyone other than your attorney. Anything you say could potentially be used against you in your claim.
Call a Motorcycle Accident Lawyer in Morgantown Today
As we wrap up this discussion, we want to reiterate the importance of wearing a helmet every time you ride. Not only does it significantly improve your safety, but it also strengthens your position if you ever need to make a claim after an accident.
However, if you’ve been in an accident without a helmet, don’t let that deter you from seeking legal help. At Desai Law, we’re committed to fighting for the rights of all motorcycle accident victims, regardless of helmet use. We have the knowledge, experience, and determination to help you pursue the compensation you deserve.
Remember, the initial consultation with Desai Law is free. If you’ve been involved in a motorcycle accident in Morgantown or the surrounding areas, don’t hesitate to reach out at (304) 974-1974 or contact us online.
We’re here to answer your questions, explain your rights, and guide you through the legal process. Your journey to justice and recovery starts with a single call – let us help you take that first step today.
