Motorcyclists in Georgia usually enjoy the feeling of the open road, but that doesn’t mean that they can go out riding without the proper gear. Georgia has a strict helmet law that requires all motorcyclists and their passengers to wear helmets that comply with state standards.
A lot of people believe that failing to wear a helmet means that they can’t file a personal injury claim if they’re involved in a crash. When a motorcycle crash occurs, the first question is the cause of the wreck. If another driver contributed to the crash, the rider may be able to file a claim, even if they didn’t have a helmet on.
When can a helmet affect compensation?
One of the first considerations when there’s a motorcycle crash personal injury claim is what parties are liable for the crash. Whether someone was wearing a helmet or not isn’t a factor in this. Fault is determined by looking at the cause of the crash. If a negligent or reckless driver did something, such as running a stop sign or failing to yield, that driver may be listed as a liable party in the legal claim.
If a helmet wasn’t worn at the time of the crash, there’s a chance that it may affect the outcome of the claim. This is more common if the injuries were to the face, head or any area that might have been reduced if the helmet was worn. While the lack of a helmet won’t necessarily bar the victim from receiving compensation, it may mean that the amount of compensation they can receive is reduced.
It’s critical for anyone who suffers an injury in a motorcycle crash to get the medical care they need. This can tie the injury to the crash, which can be important in a personal injury claim. Because cases involving someone who wasn’t wearing a helmet can be complex, it might be best for the victim to work with someone familiar with the helmet law and these claims.