Can Your Cartersville Motorcycle Accident Lawyer Demand Damages if You Didn’t Have a Helmet On?

Cartersville motorcycle accident lawyer concept.

It doesn’t matter where you live, you’re required to wear a helmet if you’re on your motorcycle. Unfortunately, everybody makes mistakes. If you get into a motorcycle accident and you aren’t wearing your helmet, it can impact your claim. The good news is that our Cartersville motorcycle accident lawyers can still help get you the compensation you deserve.

Here, we’ll discuss what can happen if you weren’t wearing your helmet at the time of your crash. If you have any questions, feel free to contact one of our Cartersville accident attorneys directly.

Your Cartersville Accident Attorney Is Familiar with the Helmet Laws in Georgia

In Georgia, anybody riding on a motorcycle is legally required to wear a helmet. This applies to both the driver and their passengers. The only exception is for people riding in an enclosed side-cart.

According to OCGA §40-6-315, all motorcycle riders must wear a helmet that meets the specified requirements of the Department of Transportation. You’re also required to wear the required goggles. This is meant to keep you and your passenger safe.

If you get into an accident, the helmet will help protect you from a traumatic brain injury. The eyewear can help protect your vision.

You Do Have a Duty to Mitigate Damages if You’re Involved in a Motorcycle Accident

One thing Cartersville accident attorneys know is that you’re required to minimize your damages. For example, if you see a car speeding up behind you, you should try to pull off on the shoulder to keep from being hit.

With a motorcycle accident, one way to mitigate damages is to wear your helmet. If you do happen to get thrown from your bike, your helmet will help protect you. It may not prevent injuries altogether, but it can help minimize them.

The Defendant Will Argue That Not Wearing Your Helmet Prevents You from Collecting Damages

The other driver’s attorney will argue that you aren’t entitled to damages because you chose not to wear a helmet. This argument will not prevail; however, it can impact your claim for damages.

As we will discuss in more detail below, your damages will be affected if you’re found to be partially at fault for your crash. Not wearing a helmet would certainly strengthen the argument that you were partly at fault for your injuries.

How Will the Defendant Prove That You Weren’t Wearing a Helmet?

Even if you weren’t wearing your helmet, the defendant may have a hard time proving it. Of course, all they have to do is ask you this question in a deposition. Or, if you decide to go to trial, their attorney will question you during your testimony.

Even if you don’t admit that you weren’t wearing your helmet, that doesn’t mean the other driver can’t prove it. They may have a picture or video showing that you didn’t have your helmet on. The pictures taken at the accident scene will also show you without a helmet nearby.

This is definitely something the police will include in their accident report.

The Other Driver Will Claim That You Were Partially at Fault

If the defendant can show that you didn’t have your helmet on, it can impact the amount of compensation you receive. In Georgia, there are specific laws that speak to a plaintiff’s being partially at fault for their injuries.

Georgia follows something called a modified comparative fault rule. This means that you can sue the other party even if you were partly at fault. However, your damages will be reduced by your percentage of fault.

you should always wear a motorcycle helmet.

For example, imagine that you were involved in a motorcycle accident. You sued the other driver for $150,000. The judge finds that you were 20% at fault for not wearing your helmet. Your damages will be reduced by 20%, or $30,000.

This Doesn’t Mean Your Cartersville Motorcycle Accident Lawyer Won’t Get You Damages

Just because the defendant claims that you were partly at fault, that doesn’t mean your Cartersville motorcycle accident lawyer will give up. They can certainly argue that you would’ve suffered the same injuries regardless of whether you were wearing a helmet.

Your Cartersville accident attorney can also argue that your percentage of fault was much lower than what the defendant claims it was. For example, the defendant may argue that you were 40% at fault. This would decrease your damages by a significant amount.

Your attorney may submit sufficient evidence to show that you were only 10% at fault. This can make a big difference when it comes to settling your lawsuit.

What Kind of Damages Can Your Cartersville Motorcycle Accident Lawyer Demand?

Regardless of whether you were wearing your helmet, you may still be entitled to damages. In most of the cases our Cartersville motorcycle accident lawyers handle, they demand some or all of the following:

  • Medical bills and future medical bills
  • Lost wages
  • Lost future income
  • Property damage
  • Pain and suffering

It’s impossible to know upfront exactly what your case is worth. Your Cartersville accident attorney will have to review all the evidence and determine what kind of damages you’ll list in your initial complaint.

There is a Good Chance Your Cartersville Accident Attorney Will Negotiate a Settlement

One thing we always tell our clients is that there is a high likelihood that their case will settle. Very few motorcycle accident cases make it to trial. This is because both sides realize that it’s in their best interest to settle out of court.

When your Cartersville motorcycle accident lawyer enters settlement negotiations, they need to keep in mind that you didn’t have a helmet on. The defendant is going to bring this up when they try to settle your case.

Expect this to limit the amount of money you can receive. Your attorney will still fight to get you as much as possible. However, there’s a good chance you’ll be found partially at fault to some extent.

Call Our Motorcycle Accident Lawyers in Cartersville Today!

If you’ve been involved in a motorcycle accident, there’s a good chance you’ve suffered life-threatening injuries. You won’t be in any position to fight with the insurance adjuster. That’s why it’s a good idea to contact our seasoned Cartersville accident attorneys.

Our firm offers all new clients a free, initial consultation. This gives you a chance to meet with an experienced Cartersville motorcycle accident lawyer. It also gives our associate a chance to see if your case has merit.

All you have to do is contact our office at (770) HELP-NOW. We can find a date and time for you to come into the office. If you aren’t able to come into the office, we can always conduct your consultation by phone or video call.

Latest Posts

What Are Common Defenses in Car Accident Cases?
How Much to Expect from a Car Accident Settlement
4 Reasons to Hire an Atlanta Uber Accident Lawyer
How Much Is My Motorcycle Accident Case Worth?
Weinstein law firm logo
Let's get started with your FREE consultation