Riding a motorcycle can be an exhilarating experience, but it’s no secret that it also comes with its fair share of risks. Unfortunately, accidents happen and sometimes they result in serious injuries. If you’ve been involved in a motorcycle accident and were not wearing a helmet at the time, you may be wondering if you still have the right to file a lawsuit.
In this blog post, we will explain what you need to know about filing a motorcycle accident lawsuit when you weren’t wearing a helmet and how an experienced Palm Springs motorcycle accident attorney can fight for your compensation.
What You Need to Know about the Helmet Law in California
California is known for its strict helmet laws for motorcycle riders. In fact, all motorcyclists in our state are required to wear a helmet while driving on public roads. This law applies regardless of age or experience level, and failure to comply could result in fines or even legal consequences.
The good news is that wearing a helmet can protect you from severe head injuries if you’re involved in an accident. It’s important to note that helmets must meet certain safety standards set by the Department of Transportation (DOT) and should fit properly for maximum protection.
However, just because California has a mandatory helmet law doesn’t mean that not wearing one automatically disqualifies you from filing a lawsuit after an accident. Your ability to receive compensation will depend on other factors such as fault and negligence.
If you were not wearing a helmet at the time of your motorcycle accident, it’s essential to speak with an experienced Palm Springs motorcycle accident lawyer who can evaluate your case and determine your legal options.
Our State Applies a Pure Comparative Negligence Principle to Personal Injury Cases
In the state of California, personal injury cases are evaluated under the pure comparative negligence principle. This means that even if you were not wearing a helmet when you suffered a motorcycle accident, you may still be able to file a lawsuit and receive compensation for your injuries.
However, it also means that your percentage of fault will be taken into consideration when determining the amount you are entitled to receive. For example, you were 25% at fault for not wearing a helmet and the other party was 75% at fault for causing the accident. In this case, your compensation will be reduced by 25%.
However, you must know that insurance companies and defense attorneys often try to place more blame on injured parties in order to reduce their own liability. That’s why it’s crucial to have an experienced motorcycle crash attorney in Palm Springs by your side to guide you through this complex process and ensure that your rights are protected every step of the way.
You Will Be Found Partially at Fault for Not Wearing a Helmet
It’s a common misconception that if you were not wearing a helmet during a motorcycle accident, you cannot file a lawsuit. However, in California, you can still pursue legal action against the other party involved in the accident,
But you will definitely be found partly at fault for breaking the helmet law and will receive the penalties stipulated there. In order to minimize any potential losses consult with an experienced Palm Springs motorcycle crash lawyer as soon as possible after your accident.
An Experienced Lawyer Will Ensure Your Percentage of Fault Is Not Unfairly Evaluated
Just because you weren’t wearing a helmet doesn’t automatically mean that you are entirely at fault. But insurance adjusters and defense lawyers will try to convince the judge that this is the case.
To counter this tactic, your lawyer will work tirelessly to ensure that your percentage of fault is not unfairly evaluated. They will build up strong evidence and arguments against those who are responsible for causing your injuries. They’ll also negotiate with insurers and attorneys representing other parties involved in the accident.
Your Lawyer Will Try to Settle Your Case Out of Court
Filing a motorcycle accident lawsuit can be a complex and stressful process. That’s why an experienced Palm Springs motorcycle accident attorney will try to settle your case out of court.
Settling outside the courtroom can save time and money for both parties involved in the case. It also allows for more control over the outcome of your case as opposed to leaving it up to a judge or jury.
Your lawyer will negotiate with the other party’s insurance company on your behalf, working towards reaching a fair settlement amount that covers all of your damages including medical bills and lost wages.
However, if negotiations fail, going to trial may become necessary. In this scenario, having an experienced lawyer by your side is crucial as they will fight tirelessly for your rights in front of a judge and jury.
Let an Experienced Palm Springs Motorcycle Accident Lawyer Win Your Compensation!
If you have been in a motorcycle accident and were not wearing a helmet, you may still be able to file a lawsuit. At the Crockett Law Group, we specialize in personal injury cases involving motorcycle accidents. We know how devastating these accidents can be, especially when you are dealing with severe injuries and medical bills.
Your Palm Springs motorcycle crash attorney will work tirelessly to ensure that your compensation is fair and just. They will carefully review all aspects of your case while keeping in mind California’s helmet laws and comparative negligence principle.
Don’t let the fact that you weren’t wearing a helmet discourage you from pursuing legal action after a motorcycle accident. Contact us today at (800) 900-9393 for a free consultation so we can help you get started on the path toward justice and recovery!