Besides the fact that motorcyclists are easily welcoming head injuries when not wearing a helmet, there is no thumb rule uniquely applicable to plaintiffs, who were not wearing helmets. With over thousands of registered motor vehicles in Los Angeles, the driver’s safety is in their own hands as much as it is also the responsibility of other drivers to be vigilant on the roadways. More often than not, truck drivers, riders in large cars, and SUVs tend to disregard the rights of motorcyclists by wrongfully overtaking or tailgating, causing motorcycle accidents.
Undoubtedly, wearing a helmet will save you from major head traumas. But if you weren’t wearing one, it must not intrude with your ability to obtain monetary compensation or damages for the injuries suffered by you, caused by another distracted driver.
Personal injuries and motorcycles
A Motorcycle accident can happen for several reasons but it does not mean that you have been solely responsible for it. For instance, a distracted driver overlooking you in the bicycle lane or a speeding vehicle ignoring your vehicle at the stop sign.
On one hand, a motorcycle accident lawyer will help you to understand the degree of injury caused to you, resulting from the accident. On the other hand, a personal injury lawyer will help you in pursuing the number of financial damages that you are eligible for.
A personal injury law firm will guide you to understand if you were operating the vehicle within California laws and rights regarding wearing a helmet. Based on this information you can file a personal injury lawsuit against the negligence of another driver that caused you the injuries. The damages will particularly aid you in paying for your lost income, medical bills, and also the expenses for the damage of your motorcycle, resulting from the accident.
Can you sue another for a motorcycle accident?
If you have encountered a motorcycle accident that was not your fault, then riding with a helmet or without it, does not come into question. It will not absolve other negligent riders, of their duty to show reasonable care. You are eligible to sue another driver for their recklessness when proven in a court of law.
To be successful in proving your case and pursuing a claim, you must consider consulting a personal injury lawyer who will contest the ground of helmet defense. This will particularly resist the defendant from arguing that it was the rider’s liability to wear the helmet in the first place.
As a personal injury law firm, Sarraf Law Firm works in the vicinity of the victims and their families. It is to help them obtain monetary compensation for the amount of hurt and injury suffered by them, due to others’ negligent conduct. The insurance companies would want you to believe that assumption of risk applies to you when you are not wearing a helmet.
How to prove it?
Even if you feel it is a herculean task to claim damages for a motorcycle accident, in reality, it is not. In such cases, a personal injury lawsuit will be governed according to the legal tort of negligence. As a primary element of personal injury claims, a motorcycle accident lawyer will highlight another driver’s negligence or the failure to perform a reasonable duty of care towards you.
What is the need to be proven?
A personal injury law firm will have to prove:
- Distracted driving
- Intoxicated driving
- Overtaking a motorcyclist
- Reckless driving or speeding
- Illegal turns
- Changing lanes illegally
- Driving too close to the motorcycle list
- Disobeying stop signs and lights of another driver.
You can file for a motorcycle accident claim even if you weren’t wearing a helmet. Motorcycle accident claims can be tricky which is why you must consult a skilled and experienced personal injury lawyer from Saraf Law Firm to pursue your deserved claim.