Motorcycle Accident: Can You Still Sue if You Weren’t Wearing Your Helmet?

In Georgia, as in almost every state, you are required to wear a helmet while riding a motorcycle. There are also other requirements that motorcycle riders must meet. For example, you have to wear certain shoes while on your bike. You may also need to wear safety goggles. It depends on the type of motorcycle you own. There are also special rules regarding passengers. Your helmet is designed to protect you if you happen to get injured in a motorcycle crash. If, for some reason, you choose not to wear your helmet, you will be breaking the law. You’ll also be setting yourself up for a serious injury. Your Carrollton motorcycle accident attorney is going to ask you if you were wearing your helmet at the time of the accident. If the answer is no, it could jeopardize your case.

Here, we will discuss the impact not wearing a safety helmet can have on your motorcycle accident lawsuit. We will also explain how your damages will be affected. The important thing is that, in Georgia, you can still sue the other driver, even if you were partially at fault. Since there is a good chance the judge will find you partially at fault, you need to know how this will impact your total damages. If you have any questions about your own motorcycle accident case, give our office a call. We offer new clients a free, initial consultation. This gives you a chance to meet with one of our Carrollton motorcycle accident attorneys and find out if your case is worth pursuing. If it doesn’t appear that your case is worth more than a nominal amount, our attorneys may not want to take your case on. It all depends on the facts of your case and the strength of the evidence available.

Your Carrollton Motorcycle Accident Attorney Must Prove Fault

Before you can start thinking about damages, your motorcycle accident lawyer in Georgia must first prove fault. This requires them to prove that the other driver was negligent. This isn’t always easy, especially in a motorcycle accident. There is an unfair bias against bikers. Most drivers complain that motorcycle riders are reckless. They argue that they drive too fast and weave in and out of traffic. This means that it may be harder to convince a jury that the other driver was at fault. Their attorney will argue that the crash was all your fault. They’ll also point to the fact that you weren’t wearing a helmet at the time of the accident. They’ll say that this is proof that you are, in fact, reckless. This means your Carrollton motorcycle accident attorney will have to overcome these claims.

motorcycle accident

Your Damages Will Be Reduced by Your Percentage of Fault

In Georgia, even if you’re partially at fault, you can still sue the other driver. As long as your motorcycle accident lawyer in Georgia can prove fault, you will be entitled to damages. However, Georgia also follows the contributory negligence rule. This rule states that, while a plaintiff can still sue even if they were partially at fault, their damages will be reduced by their percentage of fault.

The way this works is quite simple. Your Carrollton motorcycle accident attorney is going to claim that the other driver caused the crash. They will also demand that you receive damages for your injuries. Some of these damages include the following:

  • Compensation for your medical bills and future medical bills
  • Property damage to your motorcycle
  • Lost wages for any time you missed from work as a result of the crash
  • Lost future income if you are no longer able to do the same work after the accident
  • Pain and suffering damages to compensate you for any physical and mental anguish you suffer as a result of your motorcycle accident

Imagine that your attorney demands damages in the amount of $500,000. Normally, if you are able to prove negligence, you’ll receive the damages you list on your initial complaint. However, if you’re found partially at fault, your damages will be reduced by your percentage of fault. In this case, let’s say that you are found to be 20% at fault due to your failure to wear a helmet. This means that your damages will be reduced by 20%, or $100,000.

Your Motorcycle Accident Lawyer in Georgia Will Still Fight to Get You Damages

Even if you weren’t wearing your helmet at the time of the crash, your attorney will still fight for you. Our motorcycle accident lawyers in Georgia will do whatever they can, within the law, to get you damages. Typically, the more serious your injuries, the larger your settlement will be. However, if the defendant can prove that you weren’t wearing your protective gear, there’s a chance that you’ll be found partially at fault. Thankfully, in Georgia, you can still sue somebody if you were partly at fault. You just won’t receive as much as you would have if you had been wearing your helmet.

We suggest that you contact our office as soon as possible after your motorcycle accident. Our firm offers all new clients a free, initial consultation. This is good for both you and our associates. It gives our Carrollton motorcycle accident attorney a chance to see if your case has merit. We only agree to represent people who have a valid claim for damages. Since we are paid on a contingency basis, it wouldn’t make financial sense to handle a case that cannot win. Our firm would be out any fees and costs that we paid in relation to your case. This is why we prefer to accept cases that have a good chance of winning or being settled.

Since the initial consultation doesn’t cost you anything, it’s worth your time to come into the office and meet with a motorcycle accident lawyer in Georgia. Call our office so you can set up a date and time that works for you.