Can I File a Claim If I Didn’t Wear a Helmet?

Motorcyclists usually suffer severe injuries when involved in motorcycle accidents. These injuries can be painful and cost quite a lot to treat. If you could prove that someone else was at fault in the accident, you could file a claim and get compensation to cover all or most of the cost. However, insurance carriers are always looking for ways to get out of paying compensations. You need a motorcycle accident lawyer to solidify your case and present it in the best way possible. However, you’re probably wondering if there’s a possibility of filing a claim if you don’t wear a helmet. This article answers your questions and more.

What are the Laws on Motorcycle Helmets?

States like Colorado have helmet laws that you need to follow to abdicate fault in an accident successfully. The law states that motorcyclists and passengers who fall below 18 need to wear a state-approved helmet. However, when you’re 18 years or older, you can choose to wear or not wear a helmet.

Also, while you can choose to wear a helmet or not, you must wear eye protection when you’re on a motorcycle. You could wear a helmet with a visor or one with a face shield. Alternatively, wearing eyeglasses with plastic or goggles could also serve as eye protection for you. Both options qualify as eye protection for a motorcyclist. What doesn’t pass as eye protection for a motorcyclist is a windshield.

A motorcycle accident lawyer will also inform you of the importance of a footrest when you have a passenger. The passenger also needs to use them as it is part of the law. During a motorcycle ride, your passenger has to ride behind the motorcyclist or in the sidecar if there’s one. As a passenger, you should never sit in front of the motorcyclist when they’re riding.

Can Insurance Carriers Use Your Lack of a Helmet Against You?

In a motorcycle accident, insurance companies are always trying to switch the law up to deny or significantly reduce compensation for victims. One law they hold on to is comparative negligence. This term refers to situations where the victim contributed to their crash. If they can prove that you’re half at fault for your accident, they could deny you compensation. However, comparative negligence does not apply when motorcycle accident victims are not wearing a helmet during the accident. Because it is not a requirement for you to wear a helmet when you’re above 18 years, it isn’t a negligent act.

As insurance companies search for ways to protect their profits, seeking assistance from a motorcycle accident is critical. They will investigate the situation to determine who is responsible and get you the compensation you deserve.

Danny Douglas

Danny Douglas