Wearing a helmet isn’t just about personal protection for riders and their passengers in California. It is necessary to fully comply with traffic statutes. Riders should always wear a helmet to protect themselves and to avoid a citation.
Obviously, whether or not a rider wears a helmet does not usually affect the likelihood of a crash, but it can impact the outcome of a motorcycle collision. Injured motorcycle riders may worry about their right to hold drivers accountable for their losses if they did not have a helmet on at the time of a crash.
How much impact can helmet law compliance have on a compensation claim after a motorcycle collision?
Comparative fault rules apply
When more than one party is at fault for an incident that results in significant injuries or property damage losses, the courts may need to apply the state’s comparative fault rule to determine what compensation is appropriate. California’s pure comparative fault system allows even those who are 99% at fault for their own injuries to hold others accountable for their 1% of fault.
Failing to wear a helmet can contribute to the overall severity of injuries and may result in a minor allocation of responsibility when filing a motorcycle crash lawsuit. The injured rider can still request compensation, although the courts reduce the final amount of money they receive based on the degree of fault they have for the incident.
Reviewing the cause of the motorcycle collision and the extent of the injuries it generated with a lawyer can help injured riders understand their options. A personal injury lawsuit might still be possible even if a rider’s lack of a helmet contributed to the severity of their injuries.
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