Atlanta motorcycle injury lawsuits: What happens if you weren’t wearing a helmet?
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Motorcycle accidents can be traumatic, and when you’re involved in one, the physical, emotional, and financial burdens can be overwhelming. In Georgia, one of the most common factors that can affect a motorcycle accident lawsuit is whether or not the rider was wearing a helmet at the time of the accident. Helmets have long been a controversial subject in legal discussions, and if you weren’t wearing one during your crash, it could significantly influence your claim. It’s crucial to understand the specifics of Georgia’s motorcycle helmet law and how it might impact your ability to recover compensation. If you find yourself in this situation, consulting with an experienced motorcycle accident lawyer in Atlanta can provide valuable guidance.
Georgia’s motorcycle helmet law and its impact on claims
In Georgia, state law requires all motorcycle riders and passengers under the age of 21 to wear a helmet. Riders over 21, however, are not mandated to wear a helmet unless they do not meet certain insurance requirements. Specifically, those over 21 can legally ride without a helmet if they have either completed a motorcycle safety course or carry medical insurance that covers motorcycle accident-related injuries.
This law is designed to protect riders and reduce the severity of injuries in accidents. But what happens if you weren’t wearing a helmet, especially if you’re over 21 and met the legal requirements to ride without one? The simple answer is that not wearing a helmet doesn’t necessarily mean that you won’t be able to recover damages. However, it could complicate your case, and the amount of compensation you receive could be affected.
If you were involved in an accident and weren’t wearing a helmet, the opposing party, such as the insurance company or another driver’s legal team, may argue that your injuries were more severe than they would have been if you had worn a helmet. This argument is called comparative negligence, and it can reduce the amount of compensation you are entitled to.
Comparative negligence and its effect on your claim
Comparative negligence refers to the concept of assigning a percentage of fault to each party involved in an accident. In Georgia, the law operates under a modified comparative fault rule. This means that if you are found to be 50% or more at fault for the accident, you may not be eligible to receive any compensation. However, if you are found to be less than 50% at fault, you can still recover some damages, though the amount will be reduced by your percentage of fault.
If you weren’t wearing a helmet at the time of the crash, an insurance company or the defense may argue that your failure to wear a helmet significantly contributed to the extent of your injuries. For example, if you suffered a head injury, they may claim that wearing a helmet would have prevented or minimized the injury. As a result, they could reduce the compensation you’re entitled to based on how much they believe your actions (or lack thereof) contributed to your injuries.
The role of evidence in a motorcycle accident lawsuit
The result of your claim depends a lot on the evidence you have. Even if you weren’t wearing a helmet, strong evidence can still help your case. For example, witness statements, police reports, medical records, and sometimes expert opinions can show that someone else’s carelessness, like reckless driving or not giving the right of way, caused the accident.
If you were injured due to the actions of another party, such as a negligent driver, that party may still be held fully or partially responsible for your injuries, even if you weren’t wearing a helmet. A skilled Atlanta motorcycle accident lawyer will gather and present this evidence to prove that the other driver’s actions were the primary cause of the accident, not your failure to wear a helmet.
How insurance companies will handle helmet-related issues
Insurance companies will try to minimize payouts by blaming the rider’s failure to wear a helmet for the extent of the injuries. They may use this as leverage to offer an inadequate settlement or even deny the claim altogether. However, it’s important to understand that while not wearing a helmet may affect the severity of your injuries, this doesn’t automatically mean that you’re 100% responsible for the accident or that you aren’t eligible to be compensated.
Insurance companies are bound by state laws, and in Georgia, the concept of comparative negligence means they cannot automatically deny your claim based on whether or not you were wearing a helmet. With the help of a dedicated lawyer, you can challenge their claims and work toward securing a fair settlement that accounts for the full cost of your injuries.
Don’t let a lack of helmet use derail your claim
If you were injured in a motorcycle accident and weren’t wearing a helmet, don’t assume that you can’t recover damages. Georgia law provides a clear framework for determining fault and compensation, and an experienced lawyer can help you navigate these complexities. The sooner you consult with an Atlanta motorcycle accident lawyer, the better your chances of getting fair compensation for your injuries and suffering.
