top of page

Not Wearing a Helmet May Affect a Motorcycle Accident Claim In California

Updated: Nov 28, 2022

What Do Top Personal Injury Attorneys for Motorcycle Accident Have To Say About Not Wearing Helmets?

California Personal Injury Claims aim to adequately compensate a negligent accident victim. Since accidents can lead to physical injuries, economic losses, and emotional distress, getting the right compensation should help you get back on your feet.


That said, what if you were partially at fault for your injuries? What do California Personal Injury Laws say about not wearing your helmet during an accident?


Let's talk about motorcycle injuries, Personal Injury, California Motorcycle Accident Law, and the concept of fault as a Motorcycle Accident Lawyer in Los Angeles will handle them:


top rated personal injury attorneys

How Do You Identify Fault?


A California Motorcycle Accident Lawyer often identifies the "at-fault" based on 3 conditions:

  1. A liable party has a "duty of care". A driver has the duty to watch out and follow traffic rules. Running the red light, speeding, or driving while intoxicated, are all examples of violating this "duty of care".

  2. The defendant's "duty of care" violation caused the accident. Your lawyer must prove that the breach of duty, as stated previously, is the direct cause of the accident. If the driver didn't violate that duty and it was a manufacturing defect that caused the accident, then the manufacturer might be considered the liable party in this case.

  3. The accident caused the victim's injuries. You must prove that the liable party's reckless actions caused your injuries. The reckless accident should be the direct cause of your physical injuries and financial losses, and not your own.

If you've been a negligent accident victim, you first need to contact a Motorcycle Accident Lawyer in Los Angeles ASAP. An attorney experienced in California Personal Injury Claims knows their way around the law and will be able to help assess your accident, investigate for proof, and build a solid case.


motorcycle accident lawyer los angeles

What Happens To Your Claim If You Weren't Wearing A Motorcycle Helmet?

Not wearing a motorcycle helmet is against California law. Thus, complicating your possible Motorcycle Accident Injury Claim.

As discussed in the previous section, how California Motorcycle Accident Injury Claims work is identifying the fault. If you sustained head and neck injuries, the defendant and their legal team might blame you for not wearing a helmet.


That said if you and your Motorcycle Accident Lawyer should still be able to prove that you wouldn't be in an accident if the defendant weren't negligent. After all, helmets won't stop drunk, careless, or speeding drivers from causing injuries to other parts of the body.

So although you might be at fault to some degree for not wearing a helmet, you can still assign fault to the responsible negligent party.


motorcycle accident lawyer los angeles

What Is Comparative Fault In California Personal Injury Law?


Now that we've discussed possible complications of not wearing a helmet during the accident, let's discuss the California comparative fault and how that might come into play.

In some cases, victims in Personal Injury Claims can be partially at-fault for the accident. When this happens, the judge will decide the percentage of fault, which will affect the possible damages you might be able to claim. For example, this can apply to motorcycle accident claims where the plaintiff is found to not be wearing a motorcycle helmet at the time of the accident.


For example, if the total damages you've incurred amounted to USD 300,000, your payout will be reduced to USD 225,000 if you were found 25% at fault.


That said, you must be able to work with a prescreened California Motorcycle Accident Lawyer. An attorney will know how to guide you through the investigation process, find appropriate evidence, file the proper paperwork, and build a solid case that protects your interest to the fullest extent.


Consult With The Top Motorcycle Accident Lawyers in California


1000Attorneys.com is a California Bar Association-Certified Lawyer Referral Service that can refer you to a prescreened Los Angeles motorcycle accident attorney best fit to handle your claims. Contact us on our 24/7 lawyer referral hotline at 1-661-310-7999 or complete our inquiry submission form for a FREE INITIAL CONSULTATION.


Related Articles:

Best Lawyers Near Los Angeles

California State Bar Certified Lawyer Referral And Information Service

Welcome to 1000Attorneys.com, a Lawyer Referral and Information Service certified and approved by the California State Bar.

"Our commitment is to provide you with unbiased and impartial lawyer referrals."

 

Unlike other services, we maintain complete independence from the lawyers receiving these referrals, ensuring transparency and fairness.

While we specialize in California employment law and personal injury claims, we offer our referral services for various other legal areas.

 

At 1000Attorneys.com, we aim to ensure you are connected with best California attorney near you who can provide comprehensive and exceptional representation for your specific legal needs.

 

We understand that every legal situation is unique and are dedicated to finding the best match for you.

 

With our extensive network of attorneys, we strive to deliver outstanding legal support and guidance tailored to your individual requirements.

At 1000Attorneys.com, we hold California attorneys to the highest standards of professional conduct.

 

Your satisfaction and confidence in the legal representation you receive are paramount to us.

 

Rest assured that when you engage in our services, you can expect nothing less than exceptional legal support and guidance.

Why Lawyer Referrals Matter

 

The California State Bar investigates on average 16,000 complaints of professional misconduct by attorneys annually.

We conduct due diligence by researching and recommending the best local attorney for your case. 

 

Our team of experts verifies that attorneys are in good standing and have the required experience in the type of law related to your legal issue. 

Learn more about attorney discipline here.

 

Our History 

 

Since 2005, we have been dedicated to helping individuals find reliable legal representation in California.

 

We understand the challenges people face when trying to locate reputable lawyers, especially when inundated with self-promoting advertisements and biased marketing from law firms.

 

At our service, we strive to cut through the noise and provide a trustworthy and unbiased platform for connecting individuals with reputable California lawyers.

 

Our clients receive quality legal representation without the frustration and uncertainty often associated with legal advertising.

How the LRS Works 


Anyone seeking competent and honest legal representation in California, can request a FREE lawyer referral. 

Once you submit your case details online, our legal 24-hour legal department will review your claim and reply via email. Most cases are reviewed and answered within 15 minutes. 

 

A free 30 minute consultation with the attorney will be offered to each referred client. 

A representative will follow up a few days later via email with the client after receiving a referral for quality management purposes, or to obtain the status of the case. 

About lawyers from our network


California lawyers in our network are insured, in good standing with the California State Bar, and have substantial experience in their practice area.

 

Attorneys are available in most areas of law throughout Southern California. Every lawyer in or network has been vetted for:

  • Credentials

  • Education

  • Communication skills

  • Performance

  • Client reviews

  • Fair legal fees

  • Continuing education

  • Professional affiliations

Additionally, we conduct criminal  background checks and attorneys are always monitored by our service.  

How to find the best lawyer for your legal case: 

1. The fastest way to have your legal issue reviewed by one of our attorneys is to send your details online.

 

Your information will go directly to our 24 hour legal department bypassing our call center. You will get a reply via email within 15 minutes. 

2. You may also inquire about your legal issue via email. We respond to email inquiries within 24 hours M-F. 

3. By calling our lawyer referral hotline 661-310-7999. However, our agents are not attorneys and cannot provide legal advice. Due to high call volumes, it's highly recommended that you use option # 1 above. 

 

Simple Retro Handyman Service Badge Logo-2.png
bottom of page