Call Us: (212) 336-1440-556

No Helmet in Motorcycle Accident: Do You Still Have a Claim?

Riding a motorcycle is known to be a risky adventure, and having an accident can be devastating, especially when proper equipment is not worn. When riding a motorcycle, it is recommended that both the driver and passenger wear a helmet to protect from head injuries in the event of an accident. If you were involved in a motorcycle wreck while not wearing a helmet, it could greatly impact the outcome of any insurance claims that you make. Insurance companies may not consider the claim valid, or your state laws might interfere with your claim.

Invalid Claim

Some insurance policies cover the driver with the pretense that the driver will follow all safety procedures, including wearing a helmet. Your insurance premiums could possibly be lower based on the company’s assumption that you wear a helmet, so when you have an accident and are not wearing the proper safety equipment, your insurance company may claim that you were not following the conditions of your policy. While this argument might not stand, it is important to always be cautious when riding and wear a helmet so that this issue will not arise.

State Laws

Laws for motorcycle drivers vary greatly from state to state, but your state may have a law that requires motorcycle drivers to wear a helmet while operating the bike. In the event that you have an accident and do not have on the proper headgear, you could be fined for breaking the law, among other consequences. This could make filing a claim against another party much more difficult if you have a bad driving record or are still recovering from fines associated with the accident.

Standard Precautions

It is important to always follow standard safety precautions when operating a motorcycle or other recreational vehicle. Following all laws pertaining to your vehicle, such as wearing a helmet and having proper signalling on your bike can help you avoid accidents and help you have a stronger case in the event that you are ever in an accident. It is always better to be able to prove that you were in no way at fault for the accident.

Although it is important to have special insurance for your motorcycle, it is also important to know the limitations of your policy as well as following all state laws where you are driving. Being cautious and watchful can help prevent many accidents or make them less tragic. If you were involved in an accident involving a motorcycle, contact an experienced motorcycle accident lawyer today.

 

Source: Catastrophic Injury Lawyer Trenton, NJ, Davis & Brusca, LLC

Close Menu