Can I Seek Compensation After A Motorcycle Accident if I Wasn’t Wearing A Helmet?
Riding a motorcycle can be a thrilling experience, but it can also be dangerous. When a motorcycle accident happens, injuries can be severe, regardless of whether or not a helmet is being worn. But can you seek compensation if you were involved in a motorcycle accident and weren’t wearing a helmet?
Our Tacoma motorcycle accident lawyers at Emerald Law Group can help you maximize your recoverable damages even if you were not wearing a helmet during the collision. Not wearing a helmet should not prevent you from obtaining fair compensation for your injuries and losses.
All Motorcycle Operators and Passengers in Washington Are Required to Wear a Helmet
In the state of Washington, all motorcycle operators and passengers must wear a helmet. Under RCW 46.37.530, motorcycle riders and their passengers are legally required to wear a helmet conforming to the Washington State Patrol rules.
If you are caught riding a motorcycle without a helmet, you can be subject to a fine. Additionally, if you are involved in a motorcycle accident while not wearing a helmet, a court may take that into consideration when determining fault and awarding compensation.
Can You Obtain Compensation if You Weren’t Wearing a Helmet?
Yes, you can still seek compensation if you were involved in a motorcycle accident and weren’t wearing a helmet. However, not wearing a helmet could affect your recoverable damages. In fact, in some cases, if not wearing a helmet contributed to the severity of your injuries, you may be considered partially responsible for the accident.
How Not Wearing a Helmet Affects the Severity of Injuries
Although helmets may not prevent all injuries, they can greatly reduce the severity of head injuries sustained in a motorcycle accident. Without a helmet, the risk of suffering a traumatic brain injury or other serious head injury is much higher.
This can impact the amount of compensation you may be able to receive, as your level of negligence is considered when determining fault. If not wearing a helmet contributed to the severity of your injuries, it may reduce the amount of compensation you receive.
Washington’s Pure Comparative Negligence Law
Washington follows a pure comparative negligence law, which means that a court can assign fault based on the percentage of negligence of each party involved in the accident. Even if you were not wearing a helmet, if the other party involved in the accident was more negligent, you may still be able to seek compensation. However, if it is determined that you were partially at fault for your injuries due to not wearing a helmet or any other reason, the amount of compensation you are able to receive may be reduced.
Speak with a Lawyer
Although not wearing a helmet may affect the amount of compensation you are able to receive, it does not mean that you are not entitled to any compensation. By working with an attorney, you can help ensure that you are able to receive the maximum amount of compensation that you’re entitled to, given the circumstances of your situation. Speak with our lawyers at Emerald Law Group to discuss your particular situation. Call 206-826-5160 to schedule a free case evaluation.
Source:
apps.leg.wa.gov/rcw/default.aspx?cite=46.37.530
