Fair compensation after a motorcycle accident can illuminate a dark period in your life. Yet, can you rely on getting money from a motorcycle accident claim if you were not wearing a helmet at the time of the crash?
The lawyers of Hauptman, O’Brien, Wolf, & Lathrop have extensive experience in successfully pursuing compensation for car and motorcycle accident victims. We would like to help you, too, pursue a fair sum for your serious injuries.
Below, you can learn how helmet usage could affect your motorcycle accident claim. Contact us for a free consultation to determine whether your case qualifies for significant financial compensation.
How Personal Injury Claims Protect Victims
Motorcyclists are particularly vulnerable to head injury since motorcycles are not enclosed vehicles like cars and trucks. A study published in 2023 revealed that wearing helmets can reduce the severity of head trauma, but they are not foolproof.
Severe head injuries often result in burdensome medical expenses, lost wages, and rehabilitation costs. Most head injury victims depend on insurance claims to ensure they are not left financially devastated.
Personal injury claims serve as a safeguard for motorcycle accident victims. They can provide the legal means to seek compensation for a head injury or other serious injuries sustained due to another party’s negligence. Yet, there are also non-monetary reasons to pursue a motorcycle accident lawsuit.
First, holding the negligent driver accountable promotes safer driving practices. Drivers who are aware of the consequences of their actions are more likely to exercise caution on the road.
Secondly, injury claims offer motorcycle accident victims a sense of justice and closure. Recognition for their suffering can be an essential step in the emotional recovery process.
Motorcycle Helmet Laws You Should Know
Some states enforce a universal helmet law for all riders, but not all. For instance, Nebraska motorcycle helmet laws changed earlier this year.
As of January 2024, Nebraska permits you to ride without a helmet if you meet these requirements:
- You are 21 years of age or older
- You are wearing eye protection like a protective face shield or glasses that cover the orbital region
- You completed a basic motorcycle safety course in accordance with the Motorcycle Safety Education Act
If you are under 21, you still need to wear a properly secured protective helmet. For others, there is no mandatory helmet law.
How does whether or not you were wearing a helmet when you crashed impact your ability to recover compensation?
When motorcycle riders are liable
Before the law changed in January, helmet use was required. If you decided not to wear a helmet, opposing counsel could use this to support the claim that you are a reckless driver whose choice to ignore rules led to a motorcycle crash.
Since not wearing a helmet is not a criminal act, this deflates the criminal element of that argument. Yet speeding, lane splitting, and other risky behaviors might still be deemed contributory negligence.
If you suffer a head injury, a Nebraska judge might also be interested to know whether you were wearing a helmet at the time the injury was sustained. Motorcycle helmets cannot prevent crashes, but they often reduce the severity of motorcycle accident injuries. The study quoted previously concluded that the lack of helmet use correlates with more brain injuries and complications, as well as extended hospital stays.
You could be held partially liable for a serious motorcycle accident if your head injury seems more severe than it could have been due to your lack of protective headgear. A court could assign you a percentage of the fault and reduce your insurance claim payout by this percentage. How this affects your motorcycle accident case depends on the comparative negligence laws where the accident occurred.
In a pure comparative negligence state, you can recover damages even if you are more at fault than the other party involved in the accident. If you were 99 percent responsible for the crash, you could pursue 1 percent of the damages.
In Nebraska, a principle called comparative negligence applies. Consider the following scenario.
Suppose a Nebraska rider experiences neck injuries and a traumatic brain injury that generate $1 million in medical expenses. The court finds the at-fault driver was mostly at fault for the serious accident, but you were 30 percent negligent for not wearing a helmet. If your total award is $1 million, you could only collect $700,000 (or 70 percent) after $300,000 (30 percent) is subtracted for comparative negligence.
When is a car driver or other motorist liable?
What about motorcycle accidents caused by reckless or negligent drivers? If they plead no contest to the charges or are found to be entirely at fault, you could claim significant compensation in many cases. The following section will discuss possible damages.
Collecting Damages in a Helmetless Accident
Suppose you experience a leg fracture but no brain trauma. Since you did not suffer head injuries, whether or not you wore a helmet is of little importance. Without any penalty for contributory negligence to reduce your settlement, a personal injury attorney could pursue a full compensatory award.
Damages you can collect in many jurisdictions
In addition to reimbursement for past and future medical bills, you could seek economic and non-economic damages, including:
- Property damage
- Lost wages
- Vehicle or residence accommodations
- Mobility equipment
- Replacement services like cleaning, childcare, or lawn maintenance
- Pain and suffering
- Loss of enjoyment of life
These are common damages that are available in most places.
Rare damages unavailable in some locations
Punitive damages are a type of compensation awarded in some lawsuits to punish the wrongdoer and deter similar behavior in the future. These damages go beyond compensating the victim for actual harm suffered and are meant to address especially harmful or reckless conduct. However, in Nebraska, courts do not allow punitive damages for civil suits.
Other states allow punitive damages in certain cases where the defendant’s conduct is especially malicious or willful. For instance, in Iowa, courts only consider awarding these penalties if there is “clear, convincing, and satisfactory evidence” that the defendant acted with willful and wanton disregard for the rights or safety of others.
The above examples are not an exhaustive list. Motorcycle accident claims have complexities that make them stand out from each other. The best way to learn what your claim is really worth is to contact a lawyer near you before accepting a settlement offer from an insurance company.
Contact a Motorcycle Accident Attorney for Help
You might feel relief knowing you can seek personal injury damages for your motorcycle case. However, that does not mean insurance adjusters will approve your claim easily. Many accident survivors are surprised when they receive a rejection letter or a disappointing settlement offer from an insurance company.
A personal injury lawyer can help you overcome obstacles and avoid mistakes. At Hauptman, O’Brien, Wolf, & Lathrop, our attorneys understand the tactics of for-profit insurers. Our focus is to stand on the side of the accident victim, pursuing fair compensation for severe injuries.
At our law firm, we never want financial concerns to prevent you from getting help from an experienced motorcycle accident attorney. We don’t charge upfront fees to prepare your motorcycle injury claim – because we only get paid when we win money for you.
Our consultations are also free and confidential. Schedule yours today by calling us at (402) 241-5020 or clicking the button on your screen. We look forward to hearing from you.
