Killackey Law Offices

A Professional Corporation

call to schedule a free
initial consultation

Phone: 626-999-0735
Toll Free: 800-515-2183

call to schedule a free
initial consultation

Phone: 626-999-0735
Toll Free: 800-515-2183


The duty to mitigate and motorcycle accidents

Most motorcyclists in the Los Angeles area recognize that wearing a helmet while riding is a good idea. But, even if they may disagree with the notion that they should have to wear a helmet or face penalties.

However, it is important for injured motorcyclists who happen to wear a helmet at the time of their motorcycle accident. But, realize that merely not wearing a helmet does not mean that they cannot recover compensation from a negligent driver following a motorcycle accident.

California residents, including riders involved in a motorcycle accident, have an obligation to mitigate their damages after an accident. This means, for instance, that a victim has to make reasonable efforts to get appropriate medical treatment following an injury and must also take appropriate steps to get back to working or find another job. In other words, a person cannot nurse his or her injury so as to get more compensation from the negligent driver.

This rule only applies to what an injured person does after an accident, however. With respect to wearing a helmet, it is a good idea and may prevent serious injuries, but a person’s not wearing a helmet has never once caused a motorcycle accident. What causes motorcycle accidents is often another driver simply not being careful around the motorcyclist and causing a crash.

A person who has been injured in a motorcycle accident should not be afraid to assert his or legal rights to pursue compensation, even if he or she was not wearing a helmet. Of course, it may be a good idea in such cases to rely on the knowledge an experience of a seasoned California motorcycle accident attorney.

Consumer Attorneys, California
Consumer Attorneys Association of Los Angeles, Attorney Member
Super Lawyers Rising Stars 2012
AVVO, Ratings, Guidance, The Right Lawyer
American Association for Justice, Formerly the Association of Trial Lawyers of America (ATLA)
Public Citizen
Public Justice, Americas Public Interest Law Firm
Pasadena Bar Association, Founded 1917
Multi-Million Dollar Advocates Forum


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Super Lawyers Michael A. Killackey


Killackey Law Offices, APC
200 South Garfield Avenue
Suite 108
Alhambra, CA 91801

Toll Free: 800-515-2183
Phone: 626-999-0735
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