Can I Receive Compensation if I Was Not Wearing a Motorcycle Helmet in Athens?

Most people agree that it’s the safer choice to wear a helmet when riding a motorcycle. An unprotected head won’t fare well when it hits the road or anything else at high speeds. While some states don’t mandate the use of helmets, others, including Georgia, take a stricter approach.

Georgia law requires all motorcyclists to wear a helmet when riding in traffic. This includes both the riders and the passengers. If you or a loved one was injured in a motorcycle accident while not wearing a helmet, you might be wondering if the insurance company will deny your claim and the implication on your settlement.

At Rafi Law, we can help you recover compensation even if you were injured in a motorcycle crash without a helmet during the time of the crash. We can thoroughly investigate the accident and let you know what to expect.

What is the Georgia Helmet Law For Motorcyclists?

Under O.C.G.A. § 40-6-315, all motorcyclists on Georgia roads are required to wear a helmet any time they ride the bike. This applies to both drivers and passengers, and the helmet must be approved by the Department of Transportation (DOT).

Failure to abide by this law could see you receive a ticket, which may come with a fine of up to $1,000, up to a year in jail, along with other potential consequences. Of course, you also run a more significant risk of serious injuries, including traumatic brain injuries.

In addition, if you were hurt in a motorcycle accident without a helmet, you may experience complications when pursuing compensation for the losses you suffered from the negligence of the other driver.

How Will Not Wearing a Helmet Affect My Motorcycle Injury Claim?

Just as with other accidents, all motorcycle injury claims are handled on the concept of negligence. The at-fault party is held liable for paying the damages. The court and the insurance companies will investigate the issues involved in your case. This will help establish liability for the accident. They will inquire about:

• Whether speed was a factor in the accident.
• Whether the at-fault driver made a turn without looking for the oncoming traffic.
• Whether alcohol or drugs were a factor in the accident.
• Whether there were any citations given at the scene of the accident.
• Whether the driver was distracted at the time of the accident.
• Whether or not you were wearing a helmet.

Keep in mind that they will ensure the helmet meets the DOT standards. A vanity helmet is as good as not wearing a helmet at all. And just as with speeding, failure to wear a helmet means you’re breaching your duty of care towards other road users and can be evidence of negligence, legally speaking.

Can I Still Recover Damages If I Was Not Wearing a Helmet?

Georgia operates under comparative negligence, meaning that every party involved in the crash will be liable for their share of fault in the accident and the resulting injuries. In this case, not wearing a helmet can be cited as a contributing factor to the resulting injuries, especially if the victim suffers head injuries.

For instance, let’s say a driver made an unsafe lane change and struck your bike, and you ended up suffering a concussion and $50,000 in damages. The driver is 100% responsible. But you were not wearing a helmet at the time of the accident. The court may decide that this violation was partly to blame for the injury, holding you at fault for 20% of the crash.

This could be frustrating, especially knowing the other driver was entirely at fault. So, why should you receive less money if the accident was someone else’s fault? Well, the defendant will likely argue that you might not have suffered any injuries if you wore a helmet, or the injuries would not have been as severe.

What Should I Do If I Was in a Motorcycle Accident Without a Helmet?

Make sure you contact an experienced motorcycle accident lawyer in Athens as soon as possible. Not wearing a helmet is a great excuse for the insurance company to deny your claim. However, the evidence might highlight that your lack of helmet was not significant in your injuries, meaning the other driver is still responsible for them.

Moreover, not wearing a helmet likely didn’t cause the accident to happen in the first place. Such details can be helpful in your case to get a favorable outcome. This is why you need an experienced legal professional who knows how to present the facts in your favor. A motorcycle injury lawyer at Rafi Law can help.

Call Today for Your Free Case Evaluation

If you were involved in a motorcycle accident caused by the negligence of another motorist, you should act as soon as possible. Your injuries, losses, and the pain and suffering cannot wait

At Rafi Law, we don’t believe that not wearing a helmet should prevent you from obtaining the compensation you deserve. So, give us a call today at (404) 948-3311 We may leverage experts and accident reconstructionist to prove why you deserve full compensation.