AT THE TIME, I WAS NOT WEARING A HELMET. CAN I STILL FILE A CLAIM FOR MY MOTORCYCLE ACCIDENT?
The rules regarding the use of helmets for motorcycle riders differ from state to state. For instance, in the state of Florida, the law requires motorcyclists under the age of 21 to wear helmets. However, eye protection must be worn at all times, and riders who choose not to wear helmets are obliged to carry insurance with at least $10,000 worth of medical benefits.
When operating a motorbike in New York, all riders and passengers must wear protective headgear and eyewear at all times. This also applies to mopeds within New York’s Class A and B categories. Discuss your situation with an experienced Glen Falls car accident lawyer.
It has been demonstrated that wearing a helmet while riding a motorbike dramatically lowers the likelihood of sustaining a head injury in the event of a collision. The National Highway Traffic Safety Administration reports that motorcyclists who are not wearing helmets have more than three times the risk of sustaining a traumatic brain injury in the event of an accident compared to those who are wearing helmets.
A traumatic brain injury can lead to a long-term and irreversible loss of function. It can cause disruptions in a person’s personal, professional, and social lives, entail the provision of around-the-clock care, and call for various therapeutic approaches. The cost of a traumatic brain injury throughout a person’s lifetime is estimated to be anywhere from $85,000 to $3 million. You have the legal right to seek compensation for any and all costs related to your injuries if the negligent actions of another person caused the injury.
WHAT WOULD HAPPEN IF I DIDN’T WEAR A HELMET?
Even if you weren’t wearing a helmet at the time of the accident, you might still be able to file a claim for compensation through a personal injury lawsuit. However, due to this fact, the amount of payment that is awarded to you is most likely going to be decreased. In addition, you might be subject to further fines and penalties for breaking the law if you were found to be operating a vehicle in a state that mandates the use of helmets and were not wearing one at the time. This is a separate matter from the claim you filed for injuries.
A one-on-one consultation with an expert attorney is the most effective way to determine whether you have the legal right to file a claim for financial compensation.