According to the National Security Council and the CDC, motorcycle helmets are 37% effective against deadly injuries and 69% effective against nonfatal head injuries. That said, Georgia and many other states mandate the use of helmets for all riders.
But what if you get into an accident while not wearing a helmet? Can you still recover compensation for your injuries? The answer depends on several factors. Here’s what you need to know.
You can still file a claim
First and foremost, getting into a motorcycle accident without a helmet on should not hinder you from filing a claim. However, whether or not the lack of a helmet played a role in your injuries will likely affect your compensation.
It may be difficult to recover compensation for head injuries
Helmets are mandatory because they help prevent head injuries and, in severe crashes, death. With that in mind, not wearing a helmet may make you partially responsible for the injuries you sustain in an accident. This means you may not be able to pursue the amount you would have received if you did wear a helmet.
For example, suppose you suffer a traumatic brain injury usually worth $1 million. However, you did not wear a helmet, which directly contributed to the risk. Hence, insurers or the court may reduce your compensation proportionally to your degree of fault.
The lack of a helmet may not be relevant for other injuries
The matter of whether a helmet is present or not usually only applies to cases involving head injuries. Injuries to other parts of your body may not be relevant, since a helmet would not have prevented them.
Your role in the accident will also matter
Georgia follows a modified comparative negligence rule, which dictates that you can sue for injuries even if you share fault. However, you must be less than 50% accountable for the accident.
A head injury can have significant consequences on your health and livelihood. Even if you are made a mistake by not wearing head protection, you still have the right to seek the compensation you deserve.
Consider seeking guidance from an experienced motorcycle accident attorney who can help navigate the specifics of your situation. An attorney can guide you through the process and help you make the right decisions.