When questions of comparative negligence and fault are alleged as contributing factors in the injuries suffered by a plaintiff in a motorcycle accident, helmet laws often come into play. According to data compiled by the National Highway Traffic Safety Administration, a motorcycle rider is 35 times more likely to die in a crash than the driver of an automobile.
Motorcycles are inherently more dangerous because they:
- are less stable than cars
- are less visible on the road
- are capable of fast acceleration and high top speeds
- expose riders to more serious injuries than the occupants of a car
California law requires both the operator and any passenger on a motorcycle to wear a safety helmet, a statute that also extends to motor-driven cycles and motorized bicycles. The riders of manual bicycles and motorized scooters who are under the age of 18 are required to wear bicycle helmets.
Even riders wearing helmets remain at serious risk for a critical head trauma, but the use of helmets has been found to be effective in reducing the likelihood of death and traumatic brain injury (TBI) from a motorcycle accident.
Failure to Wear a Helmet
A motorcyclist injured or killed in an accident while not wearing a helmet will likely be found to have contributed to his or her own fate. If, however, it can be shown that the other driver was responsible or that unsafe road conditions contributed to the incident, the court will apportion a percentage of negligence to both the injured plaintiff and the negligent defendant.
In this event, any amount the plaintiff can recover will be reduced by the percentage of the plaintiff’s own negligence. This does not mean, however, that the plaintiff cannot sue to recover damages for his or her injuries. Even if the plaintiff is considered more than fifty percent at fault for the injury, he or she is still entitled to sue and to recover compensation from the negligent defendant.
Los Angeles Motorcycle Accident Lawsuit
If you or a loved one has been the victim of a motorcycle accident caused by another’s negligence, you are entitled to compensation whether or not you were wearing a helmet. The Nagelberg Bernard Law Group has significant experience in negotiating with insurance companies, and knows that they will try to shift the blame from their insured party to the injured plaintiff.
Mr. Kornberg stands up to the insurance giants and successfully represents his clients against even the largest adversaries. Contact The Nagelberg Bernard Law Group for an attorney who will aggressively fight for your rights.
Motorcycle Accident Lawyer Articles and Resources