Motorcycle Accident Lawyer
You were recently in an accident and the other driver was at fault for the crash, but you weren’t wearing a helmet. You need to make a claim, yet you aren’t sure if you can still file with the other driver’s insurance. Does your lack of a helmet make you partially at fault for your injuries? Or can you still file with them when it was pretty clear they caused the wreck?
These can be complicated questions, especially if you live in a state that legally requires bikers to wear helmets on the road. Here’s how your state’s laws may affect your chances of making a successful claim.
Types of Negligence
There are three main forms of negligence that state’s use to determine fault in an accident:
Contributory negligence takes into account how much you were responsible for the accident. In some states, contributing to the accident more than 50% can mean being unable to make a claim with the other driver’s insurance. In other states, being just 10% responsible bars you from getting compensated from the other party’s insurance.
Comparative negligence is when states award compensation based on how much both parties caused the accident, as a motorcycle accident lawyer like one from Davis & Brusca, LLC can tell you. If you are 30% liable and the other driver is 70% liable, you can get 70% of your compensation from their insurance and they can get 30% from yours.
In no-fault states, every driver can only make a claim with their own insurance. It does not matter who is mainly at fault for the crash.
Negligence and Helmet Laws
If you were in a collision while not wearing a helmet in a state where helmets are optional, you may still have some difficulty getting compensated. The insurance company can claim you weren’t taking full measures to protect yourself. However, in this case, it can be much easier to reach a settlement.
If you were in a state where helmets are mandatory, then this route will be much harder. Since you were breaking the law, you may have more difficulty proving that you deserve compensation, even if the other driver entirely caused the crash.
Motorcycle Accident Lawyers
Motorcycle accident lawyers deal with these types of situations all the time. They can help you understand your situation and make your case to get compensated from the other driver’s insurance if necessary. Talk to one to see how you might be able to get at least partial coverage for your accident.