The National Highway Traffic Safety Administration estimates that motorcycle helmets are about 37% effective when it comes to preventing fatal injuries for those involved in motorcycle accidents, and another 41% effective when it comes to helping prevent fatal injuries to passengers. With such numbers, you can see why it’s so important to wear a helmet when riding a motorcycle.
But what happens if the accident you’re involved in is because of the negligence of somebody else and you didn’t have your helmet on at the time? Are you out of luck when it comes to your motorcycle accident claim process and seeking compensation for damages?
Having a helmet on does affect your liability status and will impact the compensation in your accident claim. However, working with knowledgeable and experienced motorcycle accident lawyers can help make sure you get what you rightfully deserve and receive as much compensation as possible, no matter how much the share of responsibility reduces it. Furthermore, understanding the nuances of insurance coverage is crucial in such situations; this is just one of the reasons why it’s imperative to secure the cheapest multi-bike insurance (or another policy relevant to your needs) to ensure you are covered in various scenarios.
Determining Liability
As soon as one files a claim with the insurance service provider, it’s now upon them to investigate the claim thoroughly, ask the relevant questions, and then figure out payout amounts or coverage for the victims of the accident. Most importantly, they’ll need to figure out who’s liable for the motorcycle accident and the damages caused by it. The party who’s responsible for the accident will have to take care of the damages, including things like medical expenses and automobile replacement parts.
Most insurance firms will interview all the people involved in the motorcycle accident. The questions they ask during this process will allow them to effectively determine who’s to be held liable for the incident. After an accident like this, you can expect to be asked questions like:
- Where were you going?
- Was anyone speeding?
- Was the weather harsh when the accident happened?
- If and when will the police arrive at the scene?
However, when it comes to motorcycle accidents, insurance companies won’t go without asking whether you were wearing a helmet or not during the incident. If you weren’t wearing a helmet, you can be held responsible for the injuries you yourself sustained in the accident. It is standard procedure for insurance firms to try and hold you responsible for your own injuries and damages, especially if you didn’t try to protect yourself by putting on a helmet.
Helmet Usage
It’s vital for motorcyclists to always have their helmets on when operating a motorcycle. This is due to the fact that it can be considered negligent in some states to ride a motorcycle without a proper helmet. Generally speaking, motorcycles are well-known for not offering much protection for the rider.
When a motorcyclist opts not to ride with a helmet on, then it is like they’re driving a car that lacks a windshield. In many accident insurance claims, if the operator is negligent in any way at all, the driver can be held responsible for their damages and injuries, including the damages and injuries of the other parties involved in the motorcycle accident.
Monetary Settlements
You could get a lot less monetary compensation as well if it’s found that you weren’t wearing a helmet when you were riding your motorcycle. So, if you want to bring a claim but you know you weren’t wearing a helmet at the time of the accident, then what you can rightfully get awarded can be much less than you’d expect. A motorcyclist who is riding without a helmet and gets into an accident can be found both liable and negligent, resulting in a lower overall payout (if any) and less coverage. It’d be wise to get in touch with an experienced motorcycle accident lawyer to get through the complications involved.
