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Can I Be Held Responsible if Not Wearing a Helmet?

Motorcycle Accident Lawyer Des Moines IA

Motorcycle Accident Lawyer Des Moines IAMotorcycle enthusiasts are vulnerable when on the road because the vehicle they are riding provides virtually no protection. Our motorcycle accident lawyer in Des Moines IA from Johnston | Martineau, PLLP has helped many victims of serious accidents. Although motorcycle accidents can range in severity, a victim who is injured in a catastrophic motorcycle accident might find their life is forever changed. When you have suffered damages at the hands of another driver, you may need to take legal action in order to recover your damages with the help of our motorcycle accident lawyer in Des Moines IA. One frequently asked question is whether you can be held responsible if you weren’t wearing a helmet.

Why Some Riders Don’t Wear Helmets
Many motorcycle enthusiasts make the decision to not wear a helmet before getting on their bike. In doing so, they put themselves at risk of suffering more substantial injuries than they would have if they were wearing a helmet. At Johnston | Martineau, PLLP, our motorcycle accident lawyer in Des Moines IA is an advocate for wearing a helmet. Unfortunately, a number of motorcyclists choose not to wear helmets for various reasons:

  • They do not believe that a helmet will protect them if in an accident.
  • They believe that if they are in an accident, the outcome will be bad anyway.
  • They find their helmet annoying or it reduces their vision.

If you were in an accident in which you weren’t wearing a helmet, your ability to hold the driver responsible for damages may be impacted to some extent. The defense may argue that you caused the injuries yourself because you chose not to wear a helmet. However, your Johnston | Martineau, PLLP motorcycle accident lawyer in Des Moines IA will take into consideration the helmet laws where you reside. A clearer picture will emerge after a careful review of the circumstances of your case.

Helmet Laws in Your State
Helmet laws vary throughout the country. Depending on where you live, you may not be required by law to wear a helmet. In other states, riders are required to wear a helmet. If you were in an accident in which you were breaking the law by not wearing a helmet, you may also be found responsible for a percentage of your accident. Ultimately, this may impact the compensation you may be able to collect. However, only a motorcycle accident lawyer in Des Moines IA can say with certainty. There are variations to these laws depending on your state, for example:

  • Some states impose an age requirement, at which point whether you wear a helmet or not becomes your choice to make.
  • Others require that a helmet be worn at all times
  • Only two states do not impose restrictions on helmet use

Comparative Negligence
Comparative negligence is when a person can be held partially responsible for the role they may have played in an accident. This is a common strategy utilized by the defense. Your motorcycle accident lawyer in Des Moines IA from Johnston | Martineau, PLLP will anticipate this. In cases where you are more than 50% responsible for the accident, you may not be able to collect damages. However, in cases where the percentage is less, your settlement may be reduced. For example, if you are found 20% responsible and the other party is 80% at fault you may only collect 80% of what you are awarded.

Talk to our motorcycle accident lawyer Des Moines IA bikers trust during a free consultation to learn more about your legal options.