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Can You Sue For Head Injury If Not Wearing a Motorcycle Helmet?

It’s an age-old debate – helmet laws versus no helmet laws. When out for a cruise on the PCH, or in one of our many mountain canyons, or even on your commute here in Greater Los Angeles, purists want the freedom to choose and lawmakers want you to do as they say.
motorcycle accident no helmet

Whatever your opinion is, in California, the lawmakers have made it mandatory for you to wear your motorcycle helmet under Vehicle Code section 27803.

Here at The Dominguez Firm, we strongly advise anyone riding a motorcycle to wear a helmet. In addition to the fact that it’s the law, other reasons to wear a helmet include:

  • Reduces fatal injuries and therefore saves lives
  • Alleviates or lessens severe injuries, such as traumatic brain injury as well as facial injuries, such as road rash, lacerations, and fractures
  • Can, in some cases, protect the neck and spinal cord from injuries that can causes paralysis
  • Protects the face, neck, and eyes from flying debris, rocks, and other airborne hazards
  • Increases comfort
  • Reduces wind noise
  • Increase your visibility to others
  • Shows that you are responsible and that you take your health and safety seriously

Now, the question is, if you’re injured in a motorcycle accident while not wearing your helmet, and therefore in violation of the law, can you still sue for your injuries? The answer is, yes. But be forewarned that the defense attorney, no matter how at-fault their client is, may use your lack of a helmet against you under the legal theory of “comparative fault.”

Comparative fault means that your recovery will be reduced by the percent that you contributed to causing the accident and/or your injuries. Not wearing a helmet will most likely play into their hands as head injuries are often involved in a motorcycle accident when you’re not wearing a helmet.

Engaging a powerhouse law firm that has aggressive Los Angeles motorcycle injury lawyers is your best chance to thwart their arguments because, at the end of the day, your lack of a helmet would not have mattered had their client not been negligent or reckless. Having a skilled motorcycle accident law firm here in Los Angeles will put the focus on the at-fault party’s actions and hold them accountable through a personal injury lawsuit.

The Dominguez Firm has experienced motorcycle accident lawyers to assist and get you the maximum compensation you deserve. If there is no recovery, there is no fee! Call now for a free consultation at 800-818-1818.

Related Articles: Your Rights of Recovery after a Motorcycle Accident


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