Yes, you can sue for your motorcycle accident injuries if you were not wearing a helmet. California law requires motorcyclists to wear helmets but is not so draconian as to bar you from recovering compensation for your injuries simply for failing to do so do However, the amount you receive for head and brain injuries may be reduced if a helmet might have prevented or minimized those injuries.
Fault in California
California is a pure comparative negligence state. What does that mean to you? Technically speaking, even if the jury found that you were 99% to blame for your injuries, you could still recover 1% of your damages from the party responsible for the remaining 1%.
Would that 1% be worth pursuing? Probably not, but that’s not the kind of ratio we’re looking at if the only thing you did to contribute to your injuries was not wearing a helmet. Helmet non-use increases your likelihood of incurring brain injuries in the event of an accident, but it doesn’t cause accidents, and the at-fault driver can still be held liable for the role they played in causing your injuries.
Why You Need a Lawyer if You Weren’t Wearing A Helmet
The defense (usually an insurance company representing the other party) will try to use the fact that you weren’t wearing a helmet against you, in ways that go beyond the injuries that might have been minimized by helmet use.
The defense attorneys will claim that your decision to ride a motorcycle without a helmet proves that you are a reckless person. They will try to convince the jury that you must have done something to cause your accident. That you don’t deserve compensation. An experienced motorcycle accident attorney knows how to steer your case back to the facts, how to prove that the at-fault driver should be held liable for their negligence, and often how to prove that would not have minimized your injuries nearly as much as the defense claims it would have.
To learn more about how Sheridan & Rund, PC, can help you recover maximum compensation for your motorcycle accident injuries, call us today at 855-295-6112 or email us now.