Can I Recover Damages If I Wasnt Wearing A Helmet?
This is a common worry for motorcyclists involved in accidents, and it’s understandable. California is a universal helmet law state, meaning all riders and passengers are legally required to wear DOT-approved helmets. However, a helmet violation doesn’t automatically disqualify you from recovering compensation. The reality is far more nuanced, and a skilled attorney can navigate these complexities to protect your rights.
The key issue is comparative fault. While a helmet violation is evidence of negligence, it’s only one factor a jury will consider when determining responsibility for the accident. The defense will likely argue that your injuries would have been less severe if you had been wearing a helmet, and they may attempt to reduce your damages accordingly. However, they must prove that your failure to wear a helmet directly contributed to the extent of your injuries. This isn’t always easy to do.
As a personal injury attorney practicing in San Diego for over 13 years, I’ve seen countless cases where riders were penalized for not wearing helmets. But I’ve also successfully recovered significant compensation for those riders, even in the face of a helmet violation. I was trained by a former insurance defense attorney, giving me intimate knowledge of how insurance companies evaluate, devalue, and deny claims. I understand their tactics and how to effectively counter them.
Will a helmet violation prevent me from filing a claim?
No, a helmet violation does not automatically prevent you from filing a personal injury claim after a motorcycle accident. You have the right to seek compensation for your medical expenses, lost wages, pain and suffering, and other damages, regardless of whether you were wearing a helmet. However, the violation will likely be a point of contention during negotiations with the insurance company.
The insurance adjuster will use the helmet violation as leverage to minimize their payout. They may argue that your injuries were exacerbated by the lack of a helmet and attempt to reduce your damages based on this claim. It’s crucial to have an attorney on your side who can challenge this argument and present evidence to support your case.
How does comparative fault apply to motorcycle accidents with helmet violations?
California operates under a “pure” comparative fault system, meaning you can recover damages even if you were partially at fault for the accident. However, your total compensation will be reduced by your percentage of fault. In the context of a helmet violation, the jury will determine what percentage of your injuries were caused by the driver’s negligence and what percentage were caused by your failure to wear a helmet. Civ. Code § 1714 governs this process.
For example, if your total damages are $100,000 and the jury determines you were 20% at fault for your injuries due to the helmet violation, you would only recover $80,000. It’s important to note that the insurance company has the burden of proving your comparative fault, and a skilled attorney can present evidence to minimize your percentage of responsibility.
What evidence can be used to counter a claim of comparative fault based on a helmet violation?
Several types of evidence can be used to counter a claim of comparative fault based on a helmet violation. This includes expert testimony from medical professionals who can explain the extent of your injuries and whether a helmet would have made a significant difference. We can also present evidence of the driver’s negligence, such as witness statements, police reports, and dashcam footage. CVC § 27803 defines the helmet requirements.
Additionally, we can argue that your injuries were primarily caused by the impact of the collision itself, regardless of whether you were wearing a helmet. We can also highlight any other factors that contributed to the accident, such as road conditions or vehicle defects. The goal is to demonstrate that the driver’s negligence was the primary cause of your injuries, minimizing the impact of the helmet violation on your recovery.
Can the insurance company deny my claim entirely based on the helmet violation?
While it’s unlikely that the insurance company will deny your claim entirely based solely on a helmet violation, it’s possible. They may argue that your failure to wear a helmet was a substantial factor in causing your injuries and that you assumed the risk of injury by riding without a helmet. However, this argument is often unsuccessful, especially if there is clear evidence of the driver’s negligence.
In cases where the insurance company attempts to deny your claim, it’s crucial to have an attorney on your side who can file a lawsuit and pursue your case in court. A jury will ultimately decide whether you are entitled to compensation and the amount of damages you should receive. Remember, the insurance company’s goal is to minimize their payout, and they will often use aggressive tactics to achieve this goal.
What should I do if I was involved in a motorcycle accident and wasn’t wearing a helmet?
If you were involved in a motorcycle accident and weren’t wearing a helmet, it’s essential to take immediate action to protect your rights. First, seek medical attention as soon as possible, even if you don’t feel seriously injured. Then, contact an experienced personal injury attorney who specializes in motorcycle accidents. Do not speak with the insurance company without first consulting with an attorney.
An attorney can investigate the accident, gather evidence, and negotiate with the insurance company on your behalf. They can also advise you on your legal options and represent you in court if necessary. Don’t let the fear of a helmet violation prevent you from seeking the compensation you deserve. I’ve helped countless riders in San Diego navigate these challenges and achieve favorable outcomes.
What is the importance of preserving evidence after a motorcycle accident?
Preserving evidence is critical after a motorcycle accident, especially when a helmet violation is involved. This includes taking photos of the accident scene, the vehicles involved, and your injuries. Obtain the names and contact information of any witnesses. If possible, obtain a copy of the police report and any dashcam footage that may have captured the accident. CCP § 335.1 outlines the statute of limitations for filing a claim.
Additionally, it’s important to document your medical treatment and any lost wages. Keep a detailed record of your pain and suffering, as well as any emotional distress you may be experiencing. The more evidence you have, the stronger your case will be. An attorney can help you gather and preserve this evidence, ensuring that you have the best possible chance of recovering compensation.
How long do I have to file a claim after a motorcycle accident in California?
In California, you generally have **two years** from the date of the motorcycle accident to file a lawsuit for personal injury. This is known as the statute of limitations. If you fail to file a lawsuit within this timeframe, you will likely lose your right to recover compensation. It’s important to act quickly and consult with an attorney as soon as possible to ensure that you meet the deadline.
However, there are exceptions to the statute of limitations, such as cases involving minors or government entities. It’s crucial to understand the specific rules that apply to your case and to file your lawsuit within the appropriate timeframe. An attorney can advise you on the statute of limitations and ensure that your claim is filed on time.
What if the other driver was uninsured or underinsured?
If the other driver was uninsured or underinsured, you may be able to recover compensation from your own insurance policy through Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage. This coverage is designed to protect you in situations where the at-fault driver doesn’t have enough insurance to cover your damages. Ins. Code § 11580.2 details the requirements for UM/UIM coverage.
However, there are specific requirements for filing a UM/UIM claim, and the insurance company may attempt to deny your claim. It’s important to have an attorney on your side who can navigate the complexities of UM/UIM coverage and fight for your rights. I have extensive experience handling UM/UIM claims in San Diego and can help you recover the compensation you deserve.
What should I expect during the claims process?
The claims process can be complex and time-consuming. It typically begins with notifying the insurance company of the accident and providing them with information about your injuries and damages. The insurance adjuster will then investigate the accident and may request a statement from you. It’s crucial to avoid speaking with the insurance company without first consulting with an attorney.
The insurance adjuster will then evaluate your claim and may make a settlement offer. If you are not satisfied with the offer, you can negotiate with the insurance company or file a lawsuit. The litigation process can involve discovery, depositions, and potentially a trial. An attorney can guide you through each step of the process and represent you in court if necessary.
