A motorcycle crash may leave you in shock for a few seconds. You can be perplexed and in a stupor. It’s possible that you feel numb. You must therefore take control of the circumstances and look out for yourself. You may be unaware of how severe your wounds are. It’s possible that you won’t find out if the collision harmed the other car or your motorbike. You may be unaware of your obligations to your family or the necessity of visiting the hospital. Following a motorbike mishap, you should take the initiative and ensure that you have the knowledge and legal actions required to repair your motorbike, replace any damaged equipment, and, if necessary, transport yourself to the hospital. Things happen rapidly after a motorbike accident, and many people are unsure of what to do. This is particularly true for non-motorcyclists, as they might not be familiar with the processes involved in accident cleanup.
Those who ride their motorcycles without a helmet may be in much riskier situations when involved in motorcycle accidents. When it comes time for compensatory damages to be paid, they might be concerned about how much going without a helmet will cost them.
Because of California’s comparative negligence statute, victims of motorbike accidents who did not choose to wear helmets during their injuries may not always be able to obtain the total damages. In cases like this, pursuing damages can be difficult and is best done with the assistance of a motorbike accident attorney.[1]
If you are riding a motorbike with a passenger, they too should know a few important things. A passenger should consult a qualified motorcycle accident injury lawyer as soon as possible if they were hurt in the collision.
Appreciating Comparative Negligence
California residents are also subject to the state’s comparative negligence statute, which permits injured parties to pursue damages even when they contributed to the accident. However, their percentages of negligence have a direct bearing on the amount they get. Due to comparative negligence, you could only be entitled to $27,000 of the $30,000 in damages, for instance, even though you were 10% at fault for the accident.
Motorbike Helmet Regulations
To find out how a motorcycle helmet can affect your motorcycle accident case, study the applicable local legislation based on each state. This is solely based on the fact that each State has a different set of legal regulations governing motorcycle injuries.
Effect of not wearing a Helmet on Motorbike Accidents Lawsuits
The chances of getting compensation are severely affected if you are not wearing a helmet. As you seek compensation, you must be aware that because of not wearing a helmet, the chances of getting compensation for head or neck injuries, traumatic brain injury, head injury or any other severe injuries that arise as a result of the motorcycle crash would be severely affected. Motorcycle helmet laws must therefore be adhered to while riding a motorcycle.
If You Did Not Wear a Helmet During a Motorcycle Accident, Can You Still File a Claim?
Indeed, you are still able to make a claim and pursue damages. Although wearing a helmet for safety is always advised, this does not mean you can still file a claim if you were not wearing one.[2]
It is possible to file a motorbike accident claim due to the following factors:
Incompetence of the Responsible Party
The goal of motorbike accident proceedings is frequently to prove the at-fault party’s negligence. Regardless of whether you were wearing a helmet during the collision that resulted in your injuries, you can still file a case to recover damages if the other driver or other traffic participant was negligent.
Driving while intoxicated, speeding, neglecting to yield, and being distracted are examples of negligence. Whether or not you wore a helmet is not the main determining factor in assessing responsibility; instead, it is the other party’s negligence.
What Kind of Compensation Is Available for a Motorbike Accident?
Your injuries from a motorbike accident might be severe, affecting not only your physical health but also your mental and financial well-being. You might be able to receive the following damages regardless of whether you had on a helmet at the time of the accident:
Damages Motorbike Victims Could Look for.
To make up for their monetary and psychological losses, victims may be entitled to damages, which include:
- Medical care– just like the costs around hospitalization of motor vehicle accident victims, the costs of medical bills for motorcycle accident victims can go high depending on various factors such as the victim’s age, the extent of the injuries suffered, the extent of the motorbike accident impact, the hospital and many other factors that may be unique to a particular accident case.
- Future medical costs– In certain instances, a motorcycle accident victim may have to seek future medical attention. These future medical costs normally involve the costs of check-ups, therapy, and other medical care-related costs that may be unique to every case.
- Property loss– In certain instances, a motorcycle accident may result in property loss or damage. The kind of proper loss and damage shall largely depend on the extent of the motorcycle accident and the kind of property involved. While some properties may not be expensive to repair or replace, others may be expensive.
- Pain and suffering– the extent of the pain and suffering shall largely depend on the circumstances surrounding a motorcycle accident. The pain and suffering can extend beyond the accident scene and may, in certain instances, stay with the victim for the rest of their lives.
- Loss of earnings and future earning capacity– Depending on the extent of the injuries suffered, it is possible that the victim may not be able to work in an optimum condition. By being unable to work at their optimum state, it is possible that their earning capacity would not be what it used to be before the accident happened.
- Emotional distress– Bike accident victims would go through intense periods of emotional distress largely because of the impact of the accident on their everyday lives.
- Limb loss– losing a limb in a motorbike accident can be very devastating to a person, their self-esteem, and how they lead their everyday lives. If you have lost a limb in a motorbike accident, you must seek compensation for the same from the at-fault party.
- Disfigurement or scarring– If a motorcycle accident victim has been disfigured or scarred as a result of the accident, they must, as a matter of necessity, seek compensation for the same from the at-fault party.
- Loss of consortium– the taking away of the benefits of a family relationship from a victim is a huge loss that must be compensated.[3]
Retributive Damages
Punitive damages penalize the party who caused the injury, especially for careless, malevolent, or malicious behavior.
Case-Related Elements
Your claim’s impact from not wearing a helmet will vary based on several case-specific variables. These consist of the kind and severity of your wounds, the proof you offer, the potency of your case, and the particular rules and laws that apply in your state.
A knowledgeable lawyer will assess these elements and advise you on how not wearing a helmet can affect the money you can get back.
How to Establish Helmet Use in a Case Including Motorcycles
In evaluating who is at fault and how severe your injuries were, you might need to provide evidence that you were wearing a helmet. It would be necessary for you to:
Give Proof
To prove that a helmet was worn at the time of the collision, you can use a variety of evidence kinds, such as:
Eyewitness Accounts
Statements from witnesses who witnessed the collision may verify whether or not you wore a helmet. Eyewitnesses who can accurately and clearly describe the accident extensively improve your case.
Reports from the police
Details concerning the accident, including the observations made by law enforcement officials at the scene, are frequently included in police reports. These reports might specify if you wore a helmet or not, giving an impartial account.
Photographic and Video Graphic Evidence
Photographs and videos can provide visual verification that a helmet was worn. If they are available, you may be seen wearing a helmet in these pictures before or after the collision.
Advice for Gathering and Preserving Proof
- Obtain camera footage: Your lawyer will try to obtain footage from neighboring properties’ security and traffic cameras.
- Compile witness information: Your lawyer will look for witnesses who saw the collision. Their words may be essential in verifying helmet use and bolstering your argument.
- Save your helmet: Keep it as proof if it was damaged during the collision. To illustrate the helmet’s impact and possible protection, do not fix or modify it in any way.[4]
Timelines for lodging a personal injury claim in California
The law provides that you must lodge your personal injury claims within two years from when they happened. In as much as there are exceptions to this general legal provision, you must file your claim within two years to avoid your claim being classified as stale.
When a claim is classified as stale, you may not be able to recover compensation on the same even if you have a very strong and compelling case. Failing to file your motorcycle accident claim within two years is very detrimental to your interests and ability to obtain any compensation following your accident.[5]
Commonly Asked Questions after Motorcycle Accidents
What to Take into Account to Assess Your Need for a Lawyer?
Due to the influence and magnitude of major insurance providers, you are already considerably disadvantaged when it comes to filing claims. Their sole objective is to reduce the amount clients have to pay, and they will have attorneys with extensive experience handling vehicle accident claims. You are also coping with your wounds and anxiety from the collision.
After an accident, we think it’s a good idea to speak with an attorney. A lawyer will be better able to help you with your case the sooner you speak with them. Fighting it solo can be difficult; if the matter does end up in court, it will be a drawn-out and challenging process. A contingency charge will be required of you; however, this fee is only due if you prevail. Usually, this expense is more than offset by the amount of compensation you would have received in the absence of a lawyer.
Big insurance firms didn’t become that big by giving people huge payouts. The secret to getting what you deserve from them is to fight them with competent legal assistance.
Regardless of whether you choose not to engage an experienced attorney or not, you should always speak with one even if your injuries are not too serious. There’s a reason we provide a free consultation. We want you to feel secure in knowing that you have our backing and that this is the best choice for you.
Which Steps should I take if I receive a Call from Insurance Companies?
In almost every case, dealing with insurers follows a vehicle accident injury. The main goal of for-profit insurance companies is to safeguard their bottom lines. Stated differently, you should not rely on them to provide you with the just compensation that you are entitled to. You have no friends, not even your insurer.
After an accident, if an insurance adjuster approaches you, the following advice will help safeguard your entitlement to reimbursement:
• Avoid saying anything that can be interpreted as a confession of guilt.
• Don’t give a recorded statement and keep the conversation short.
• Refuse to sign any papers or accept any settlement offer.
The greatest method to safeguard your rights following a vehicle collision is to retain the services of an expert personal injury lawyer, even though heeding these suggestions will help shield you from dishonest insurance.
Big Ben Law’s lawyers are prepared to assess your case, ensure that you are aware of your rights, and defend you against unscrupulous insurers. Get a free consultation by calling now. Continue reading for additional advice on handling insurance adjusters following a collision.
Can Insurance Companies Try to Trick Me to Accept Their Offer?
These are some of the items in your statement that they will be examining:
• Discrepancies: The insurance company will review your testimony and compare it to the accident report, witness accounts, and information you provided to the responding police officers. Anything that doesn’t match will be utilized to challenge your assertion.
• Damage Reports: The adjuster might inquire about your current injury status, how you feel now, how you felt following the crash, and about your injuries. They are searching for words they can use to minimize how serious your injuries are. They will accept, for instance, your statement that “I felt fine” shortly after the collision as proof that you were unharmed, even if your symptoms weren’t felt right away.
• Other Information They May Need: The adjuster might come across as amicable and inquire amiably about any past injuries you may have had or your activities right before the collision. This is to trick you into disclosing information that they can use to defend cutting your pay.
What should I do after a Motorcycle Accident and I was not wearing a helmet
Seek medical attention
Getting medical attention as soon as possible following a motorbike accident is crucial, even if you don’t think you have any serious injuries. Sometimes injuries don’t show up right away, so getting medical help right away can help with early diagnosis and treatment. A medical report from a certified healthcare provider will also bolster any potential legal claims you make regarding your injury in the future. Following a motorbike accident, it’s imperative to get medical assistance, even if you’re feeling fine or only have minor injuries. Certain injuries might not be seen right away, but they might get worse with time. A physician’s assessment will assist in locating concealed injuries and initiating the required course of care. If you were travelling with a passenger, make sure to check them as well. Most people are in a shock condition when their pain is dulled by adrenaline, and they may be in danger due to their injuries. There are some injuries with delayed symptoms.
Keep in mind that some motorbike accident injuries may not show signs right away. After the collision, you might not feel anything at all, but hours or days later, you might begin to feel pain or other symptoms. Soft tissue injuries, whiplash, internal bleeding, and concussions are among the common injuries with postponed symptoms.
Speak to a Personal Injury Lawyer
Your Attorney Will Help in Calculating Damages
You want a reputable motorbike accident lawyer at your side from the start of the process following a motorbike accident. They will advise you on expectations and what you deserve so that you never have to worry about leaving money on the table.
Precisely estimating your damages will be one of your attorney’s main responsibilities. Following an accident, you could have to deal with pain and suffering, missed wages, medical expenses, and property damage. Working with a knowledgeable lawyer will guarantee that they will take into account all of these losses and pursue the best recompense for you.
In a motorbike accident case, figuring out damages might be difficult. To create a compelling case on your side, your lawyer will compile all pertinent information, including receipts, expert opinions, and medical records. To fully comprehend the scope of your injuries and how they are affecting your life, they will collaborate closely with you.
Your attorney will factor in your actual financial losses as one of the factors in determining your damages. This covers any out-of-pocket expenses you have spent as a result of the accident, including lost income, rehabilitation fees, and current and future medical expenses. They will guarantee you pursue reimbursement for every penny you are entitled to, and they will gather proof to support these expenses.
Your attorney will look into non-pecuniary damages like pain and suffering alongside economic losses. Since these harms are harder to quantify, they may be more challenging to determine. On the other hand, a skilled motorbike accident lawyer understands how to effectively present your case, taking into account the emotional and physical toll the accident has placed on you.
When precisely assessing your losses, you want an attorney with experience in motorbike accidents on your side. They will put forth endless effort to compile the relevant documentation and guarantee that you get paid in full. Don’t be afraid to get in touch with a reputable lawyer who can help you through this difficult period and help you through the legal system.
Never sign anything without first consulting an attorney.
A lawyer should always be consulted before signing any releases, waivers, or settlements from insurance companies and/or insurance claims adjusters. Additionally, you should always consult your lawyer before signing and cashing a cheque from an insurance company or an insurance claims adjuster. The fine print in the releases, checks, and accompanying paperwork—even those for restricted property damage associated with a mini-tort claim may contain unrelated language that, in legal parlance, has the effect of “releasing” the insurance company from all liability for benefits and compensation for any personal injuries you sustained in the Michigan motorcycle accident. We’ve noticed a pattern where certain claims adjusters for auto insurance companies use language on their checks and in their releases to deceive crash victims into “settling” their personal injury lawsuits for much less than what those claims are truly worth. Among other things, this entails pressuring hurt bikers to renounce all of their future legal claims to no-fault compensation and agony and suffering as well.
Big Ben Lawyers
Get in touch with Big Ben Law if you were hurt in a motorbike accident and weren’t wearing a helmet. We can leverage our understanding of the intricacies of the state’s comparative negligence law to secure just compensation for you.
Contact us using the information on our website to receive a free, no-obligation case review for a motorbike accident.
References
[1] California Department, The California Motorcycle Study – Driver and Accident Characteristics, available at https://www.dmv.ca.gov/portal/file/the-california-motorcycle-study-driver-and-accident-characteristics/, accessed on 2nd May, 2024.
[2] Ibid.
[3] Injury Calculator, See How Much Your Injury is Worth, available at https://lnjury.com/auto-accident/?SRC=lnjury_google&q_publisher=google&q_creative=&q_device=c&q_devicemodel=&q_matchtype=&q_network=x&q_adposition=&q_campaign=20579761657&q_adgroup=&q_criteria=&q_target=&q_keyword=&q_placement=&gad_source=1&gclid=CjwKCAjw88yxBhBWEiwA7cm6pUlGNYJ8a68doKlOOc3Wny7X-wcK4r6qBVfm_Dvt4qG6_xV2teWO4xoCytIQAvD_BwE, accessed on 2nd May, 2024.
[4] Ibid.
[5] Supra, note 1.