Any type of accident is a serious matter, but motorcycle accidents can result in serious, if not permanent, injuries and even death. The very nature of a motorcycle heightens the risk that one takes when getting on the vehicle.
It is for this reason that many states require motorcyclists wear certain safety gear while on their bikes. However, if you choose to not wear safety equipment and are involved in a motorcycle accident, does that hurt your chance for a settlement?
We have asked attorney Alaina Sullivan about what you should do. Here is what she had to say:
The Effect of Safety
Short answer is yes, wearing safety equipment does affect your settlement. The real question is how much it affects your settlement. If you are in a state where certain items are required and you do not wear these items deliberately, that could influence your case.
It could also have an effect if you simply choose not to wear it when it is only recommended. It varies in the level of severity depending on where you live and on the circumstances.
Know Your State’s Law
Every state has its own set of laws regulating motorcycle driving. Many are rather strict in terms of what safety equipment is required for motorcyclists while others are looser and vaguer. A state might require all motorcyclists wear helmets while another may not.
Some may require not only helmets but also eye protection. Further, even stricter rules out there exist requiring motorcyclists to wear reflective clothing, padded armored clothing or specific footwear. It is important you know your laws before getting on your bike.
If you are knowingly violating your state’s law, that action could seriously harm your chances of a settlement. Your insurer could view you as being negligent and not mitigating what could have been a much less serious situation. You could face the chances of a significantly reduced claim or even be barred from seeking certain damages.
Personal Choices Affecting Your Case
Even if your state does not require you to wear safety equipment, that freedom does not mean that you have the license to be reckless, and it certainly does not mean that you should receive compensation for injuries that would not have happened had not you 1) not been reckless and 2) been wearing safety gear while riding.
The insurance company is going to look at the entire situation. If they see that you were speeding and zooming in and out of traffic driving at a speed that would, under normal circumstances, result in some type of injury, but you were not wearing safety gear voluntarily and as a result, your injuries were heightened because of this, they may not be so sympathetic when giving you your claim.
You can fight it, of course, if you are not happy with the settlement amount, but the lack of safety precautions will be considered and will certainly be a factor in your damages received.
Contact an Attorney Today
If you are the victim of a motorcycle accident and have left the accident scene, you should speak with an attorney to discuss your case. A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company.
To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
