Hidden legal issues with helmets

Helmets are not just for safety. In fact, the absence of a helmet could be used by the defense to reduce or even eliminate any compensation to which you may be entitled. This post will go over the basics of how that might occur and why wearing a helmet is worth it.

In a typical personal injury case, you must prove that you were injured and that the other person caused it. Once you establish those basic elements, you are entitled to compensation. But the defendant is also entitled to raise certain defenses and to deflect blame.

For example, you establish that the driver was not paying attention and therefore caused the accident. But the driver may also submit evidence that your injuries would not have been so severe if you had been wearing a helmet. In this circumstance, the court will be forced to weigh who is more at fault for your injuries: the driver or you.

In fact, the defense could argue any number of reasons to prove that you were riding your motorcycle negligently. For example, if you were speeding, failed to signal or were lane splitting. Any of these common actions could be used as evidence that you were also negligent and could reduce your compensation.

If you were injured due to an inattentive driver, you might have an actionable legal claim and you might want to call a lawyer. Your insurance may cover some of your injuries but if you were seriously hurt, like in most motorcycle accidents, then your insurance may cap out. If the other driver caused your injuries, you were the victim and you are entitled to compensation for the harm you suffered. An attorney can help you get the compensation you deserve so you can start a new life.

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T.J. Smith, Attorney at Law
600 W Main Street Suite 100
Louisville, KY 40202

Phone: 502-792-7937
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