- August 18, 2023
The thrill of riding a motorcycle is unmatched – until tragedy strikes. A split-second decision can change everything, leaving you with injuries and unanswered questions. One burning question that often arises is “Can you file a motorcycle accident claim if you were not wearing a helmet?”
If you were in a motorcycle crash while not wearing a helmet, you can still file a claim but your compensation may be reduced. It’s important to have a Baton Rouge motorcycle accident lawyer on your side.
Riding a Motorcycle Without a Helmet Is Against the Law in Louisiana
When it comes to riding motorcycles in Louisiana, wearing a helmet is not just strongly recommended – it’s the law. In fact, Louisiana has what is known as a universal helmet law, which means that all riders are required to don protective headgear while on their bikes. This law applies to both drivers and passengers on motorcycles.
The reasoning behind this legislation is simple: helmets save lives. Studies have shown time and time again that wearing a helmet greatly reduces the risk of serious injury or death in the event of an accident.
You can be fined for breaking the motorcycle helmet law. Riding without a helmet may also impact any potential motorcycle accident claim you wish to pursue.
Our State Applies a Pure Comparative Negligence Rule to Motorcycle Accidents
When it comes to motorcycle accidents in Louisiana, our state applies a pure comparative negligence rule. What does that mean for you if you were involved in an accident while riding your motorbike without a helmet?
Even if you were not wearing a helmet at the time of the accident, you are still entitled to seek compensation for your injuries. However, your percentage of fault will be taken into consideration when determining the amount of damages awarded.
An experienced Baton Rouge motorcycle accident attorney can help navigate through these complexities on your behalf. They will fight for your rights and work towards negotiating a fair settlement based on the facts and circumstances surrounding your case.
The Driver’s Insurance Adjuster Will Try to Increase Your Percentage of Fault
When it comes to filing a motorcycle accident claim, one important thing to keep in mind is that the driver’s insurance adjuster will likely try to increase your percentage of fault. This means they may argue that you bear some responsibility for the accident, even if you were not at fault.
Insurance companies have a vested interest in minimizing their payout and will use various tactics to shift blame onto the injured party. To protect yourself from being unfairly assigned more blame than necessary after a motorcycle accident without wearing a helmet, you should consult with an experienced Baton Rouge motorcycle crash lawyer as soon as possible.
You Are Still Entitled to Seek Both Economic and Non-Economic Damages
When it comes to filing a motorcycle accident claim in Louisiana, many riders wonder if they can seek compensation for pain and suffering even if they were not wearing a helmet at the time of the accident. The answer is yes, you are still entitled to seek both economic and non-economic damages.
Economic damages are those that have a clear monetary value attached to them. This includes medical expenses, lost wages due to missed work, property damage, and any other out-of-pocket costs incurred as a result of the accident.
Non-economic damages, on the other hand, refer to more intangible losses such as pain and suffering, emotional distress, loss of enjoyment of life, and scarring or disfigurement. These types of damages can be more difficult to quantify but are no less important when seeking fair compensation for your injuries.
An Experienced Baton Rouge Motorcycle Accident Lawyer Will Negotiate a Fair Settlement!
If you have been involved in a motorcycle accident and were not wearing a helmet, it is important to understand that you may still be able to file a claim. While Louisiana law requires motorcyclists to wear helmets, this does not automatically prevent you from seeking compensation for your injuries.
Don’t let concerns about helmet usage deter you from filing a claim. Reach out to a knowledgeable attorney who can guide you through the legal process and help protect your rights as an injured motorcyclist.
We offer each new client a free case review, so you have the chance to sit down with an experienced Baton Rouge motorcycle accident attorney and understand your legal options. Call us now at (888) 407-0911 to schedule your initial consultation!
