Motorcyclists involved in accidents are more likely to incur serious injuries. Even when bikers wear the required helmet, the harm inflicted on them could be catastrophic. However, if a biker was injured in an accident and they weren’t wearing their helmet, they could still potentially collect damages from another negligent party.

Each state has its own laws about if when a person driving or riding on a motorcycle must wear a helmet. In Georgia, the statute says: “No person shall operate or ride upon a motorcycle unless he or she is wearing protective headgear which complies with standards established by the commissioner of public safety.” There are no exceptions to this rule that every motorcycle driver and passenger must wear a helmet.

The insurance companies that represent defendants in motor vehicle cases are always looking for reasons to deny a claim. An agent will be quick to ask whether the plaintiff was wearing a helmet, and even quicker to place all the blame on the plaintiff if the answer is “no.” No matter what the insurance company representative says, though, there is no law prohibiting you from recovering damages because you did not wear a helmet. Instead of trying to deal directly with the negligent driver’s insurance company, it is often beneficial to retain an experienced Georgia motorcycle accident attorney in these cases.

In Georgia, the courts apply a concept called modified comparative negligence to personal injury lawsuits, so a motor vehicle accident victim can still be awarded damages so long as they were no more than 49 percent at fault for the accident as well as for the injuries suffered. A motorcycle rider’s monetary damages thus will be reduced to the extent that not wearing a helmet contributed to the injuries. However, that still means a significant recovery of damages is possible.

If you were driving or riding on a motorcycle without a proper helmet, the defendant will certainly argue that they are not responsible for any of your injuries, purporting that, if the helmet law had been followed, there would not have been injuries. That is not always true. By examining evidence such as medical records and testimony by an expert witness, it’s possible to show that some of your injuries would have occurred even if you were wearing a helmet.

At Jason & Bradley, LLC, we represent clients in the Atlanta area who have been injured in motorcycle accidents. You can call us at 404-297-9933 or contact us online to schedule a free initial consultation at our office in Stone Mountain. If you cannot meet us there, we will visit you in your home or hospital room.