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Can motorcyclists file a personal injury claim if they weren’t wearing a helmet?

On Behalf of | Jul 18, 2024 | Auto Safety, Personal Injury Law

Most motorcyclists know that helmets are an important piece of safety gear when they go out for a ride. What happens, though, if you have an accident and you are not wearing one?

Georgia law requires you to wear a helmet…

First, it’s important to know that Georgia law says all motorcycle riders and passengers must wear helmets. This law is intended to keep motorcyclists safe, as studies have linked helmet use with a lower likelihood of brain injuries, fewer complications and shorter hospital stays.

But that does not mean you cannot receive compensation without one.

If you get into a motorcycle accident in Georgia and you are not wearing a helmet, you can still try to hold a motorist accountable for their part in the accident. However, it could make it harder to get money for damages.

Georgia uses a rule called modified comparative negligence. This means that you can receive compensation as long as you were less than 50 percent at fault for the crash. However, if you are partly to blame for your injuries, you will receive less money based on how much at fault you are.

If not wearing a helmet made your injuries worse, this could affect how much money you can get. If the accident led to head or neck injuries, for example, the court may decide that not wearing a helmet contributed to those injuries. However, not wearing a helmet would not protect you from other injuries like a broken arm, and the court would probably not consider your helmet use a factor in those injuries.

While not wearing a helmet could reduce the amount of compensation you receive, you should still explore your legal options after a motorcycle crash. Understanding your rights can be the first step toward receiving the support you need.