The importance of motorcycle helmets cannot be overstated. They can protect a rider from serious, lifelong injuries. The human body is a sturdy machine, but it is not designed to withstand impact. Head injuries are a huge problem. They can lead to skull fractures or brain injuries. This is why you should always wear a helmet when riding.
Moreover, wearing your helmet can protect your wallet. Proving that you were properly protected can increase your chances of being compensated.
HELMETS HELP YOU RECEIVE BENEFITS OR COMPENSATION
When you need money for your injuries, there will be roadblocks. Insurance companies are notorious for using any means necessary to deny benefits. In a vehicle accident, you want to show that you were taking all necessary precautions. Drivers need to prove that they were wearing their seat belts, and riders need to show that they wore the proper gear.
The same is true for a motorcycle accident lawsuit. Just as you have a lawyer on your side, the defendant has a lawyer attempting to block your compensation. One of the cornerstones of many personal injury lawsuits (like those involving motorcycle accidents) is negligence. To win your case, you must demonstrate that the defendant’s negligence caused your injuries. The court needs to believe that you are the victim. You followed all the rules, yet the other person’s behavior caused an accident. Showing that your head was properly protected will help prove your claims.
WITHOUT HELMETS, YOUR COMPENSATION COULD BE DENIED
If having a helmet helps you receive your benefits, then the reverse is true as well. When the insurance company believes you weren’t properly protected, they could blame you for your injuries. They may give you some benefits, but they could deny you coverage specifically for your head injuries.
Similarly, the lack of a helmet could be used against you in civil court. The overall amount of damages you are eligible to receive could be lowered, as the court may see the head injury as your fault. This is particularly true considering Oklahoma’s comparative negligence laws.
Put simply, in a personal injury case, judges assign a percent of blame to both the plaintiff and the defendant. Either party could be held 100% responsible for the accident or 0% responsible. As a result, you could be held liable for your head injuries.
SPEAKING WITH AN ATTORNEY
Even if you weren’t wearing your helmet, you could still be entitled to compensation. Insurance is there to protect you financially, and comparative negligence laws can still grant you damages. Tell your lawyer the details of your accident. Don’t hide any facts, including your lack of a helmet. Lawyers could still negotiate with the insurance company, helping you receive a greater benefit than expected. In a civil lawsuit, a good lawyer can help argue your side. Even unprotected, if you were the victim of someone else’s negligence, an attorney may be able to convince the court that you are entitled to full compensation.
If you ‘ve been injured in a motorcycle accident, please reach out to us today. We may be able to help. Schedule a free consultation now by calling 918-492-7674 or by filling out an online form.