Wearing a helmet can significantly help reduce the risk of serious injury or death in a motorcycle accident, but what’s the impact of helmet laws on motorcycle injury claims?
Understanding how the use of a helmet can influence compensation decisions is important if you or a loved one suffered an injury in a Georgia motorcycle crash.
Georgia’s Motorcycle Helmet Law Explained
The Georgia motorcycle helmet law requires all riders and passengers, regardless of age or riding experience, to wear protective headgear that meets U.S. Department of Transportation standards. Helmets must comply with approved safety guidelines designed to reduce the risk of serious head injuries during crashes.
What Happens If You Weren’t Wearing a Helmet in a Crash?
The consequences of not wearing a motorcycle helmet can be both physical and legal.
Statistics show that motorcycle helmets are estimated to prevent 37 percent of deaths among operators and 41 percent among passengers. While they are not guaranteed to prevent severe injuries and fatalities, national data shows helmets cut the risk of traumatic brain injury by 69 percent.
Legally, your decision to wear a helmet — or not — does not automatically prevent you from seeking compensation after a motorcycle accident in Georgia. However, it may affect how insurance companies evaluate claims, particularly those involving head injuries.
When brain injuries occur, insurers may argue that a motorcycle rider’s lack of a helmet contributed to the severity of those injuries. This can become a point of dispute during settlement discussions or in court.
Georgia’s 50% Fault Rule and Motorcycle Accident Claims
Georgia follows a comparative negligence rule that allows an injured person to recover compensation even if they share some fault for a motorcycle accident. Each party involved is assigned a percentage of fault based on their role in causing the collision.
However, a motorcycle accident victim cannot recover compensation if they are 50 percent or more at fault. If they are less than 50 percent responsible, their recovery will be reduced in proportion to their share of fault.
How Insurance Companies Use the “Helmet Defense”
Insurance companies sometimes argue that a rider’s injuries would have been less severe if they’d worn a helmet. This approach, commonly called the “helmet defense,” is typically used to reduce the value of a claim rather than dispute the facts surrounding how the crash happened.
By linking the absence of a helmet to specific injuries, particularly head trauma, insurers attempt to minimize settlement payouts.
In some cases, this argument may also be used to reduce compensation under Georgia’s comparative fault rules. Having an experienced Georgia motorcycle accident lawyer on your side can help you respond effectively and protect your right to full and fair compensation.
Can You Still Sue If You Weren’t Wearing a Helmet in Georgia?
Yes. You can still file an insurance claim or a motorcycle accident lawsuit even if you were not wearing a helmet at the time of the crash.
However, because your lack of helmet use may influence how insurers and courts assess your injuries, having experienced legal representation can be essential in pursuing a fair outcome.
How a Motorcycle Accident Lawyer Helps in Cases Involving Helmet Use
Since Georgia law requires motorcycle helmets for all riders, it’s very possible that insurers or defense attorneys will invoke the helmet defense in an attempt to reduce or deny your compensation after a crash.
You need a compelling legal strategy to address these claims and advocate for a full financial recovery.
An experienced Georgia motorcycle accident lawyer can gather evidence demonstrating the other party’s negligence and counter helmet-related arguments so that your personal injury claim reflects the full extent of your losses.
Contact a Georgia Motorcycle Accident Lawyer Right Away
If you got hurt in a motorcycle accident someone else caused, you may be entitled to compensation regardless of whether you were wearing a helmet. Let the legal team at Underwood Law LLC review the facts and help you understand your rights and options.
Contact our motorcycle accident lawyers today for a free consultation.
Site by