Can a Motorcycle Rider Sue in Georgia if They Had No Helmet in an Accident?

Motorcyclists in Georgia have the right to enjoy the roadways safely, just like other travelers. Helmet laws require operators and riders to wear helmets while on a motorcycle. When an accident occurs, and a biker is not wearing a helmet, filing a lawsuit for the damages suffered becomes challenging.

The limited protection of riders against the impact of other motor vehicles often compounds the severity of motorcycle accident injuries. However, options may be available for Georgia motorcycle accident victims when persistence and knowledge are used to combat tactics to avoid compensation because they were not wearing a helmet.

How a Motorcycle Accident Lawyer in Georgia Can Help

Motorcyclists deserve the same protection against negligence that other drivers do. While not wearing a helmet goes against Georgia law, your injuries may have occurred even if you had been wearing a helmet. Our commitment to you is to:

  • Defend your rights to fair compensation in a motorcycle accident
  • Thoroughly investigate your Georgia motorcycle accident to prove your injuries were a result of negligence and likely did not result from not wearing a helmet
  • Fiercely negotiate to reach a settlement that allows for the appropriate care of your injuries
  • Represent you in court when it is necessary.

Our team takes seriously the task of proving negligence, and we adamantly represent your rights, not the rights of the insurance company.

Can I Sue for Damages in a Georgia Motorcycle Accident if I Was Not Wearing a Helmet?

Yes, you can still sue, but it will impact your case. First, it will be critical to prove that the injuries resulting from the motorcycle accident would have occurred whether or not you were wearing a helmet. Reviewing documentation from the accident scene, including any existing video footage, will help demonstrate negligence on the other driver’s part.

The Location of Your Injuries May Impact the Case

A vital objective will be to prove that the injuries sustained in a motorcycle accident could not have been prevented by wearing a helmet. A helmet is crucial to helping protect the head and brain from injury. However, many injuries will still occur when a helmet is worn, including:

  • Injuries to the body’s extremities, such as arms and legs
  • Bone fractures unrelated to the skull
  • Burns
  • Abdominal injuries
  • Organ damage
  • Amputation

Helmets are significant contributors to the safety of a motorcyclist. However, it is unlikely that a helmet would prevent a leg injury or any of the abovementioned damages that have the potential to lead to catastrophic injury. When motorcycle accidents cause head, neck, or traumatic brain injuries, proving the injuries were unavoidable or could have been lessened by wearing a helmet may present serious challenges.

Reduced Damages May Occur

The damages a jury feels are appropriate for injuries sustained in a motorcycle accident when no helmet was worn may be reduced, meaning that some of the costs resulting from the incident will lead to out-of-pocket expenses a motorcyclist may have to pay. According to data cited by the National Library of Medicine, the cost of medical treatment can create profound medical debt, leading to the deterioration of personal finances, a reduction in needed health care, and an association with poor mental health.

Our Georgia motorcycle accident lawyers are committed to fighting for the best results in your case while recognizing that the verdict in a lawsuit may be impacted by the choice to ride a motorcycle without a helmet.

An Increased Burden of Proof Exists

An experienced team of Georgia motorcycle attorneys will prepare to fight back against the arguments that a motorcyclist contributed to their injuries by not wearing a helmet. To do this, additional witnesses, such as medical experts, may be required to testify on behalf of a motorcyclist to demonstrate that the sustained injuries would not have been prevented by a helmet.

Your team may also need to prove the existence of a safe driving record, free of previous citations for disregarding helmet laws. Motorcyclists are often unfairly viewed as risk takers, and breaking down this stigma that immediately leads to blaming bikers for their injuries is often necessary.

Insurance Companies Will use Lack of Helmet to Fight Damages

Insurance companies will fiercely argue that your injuries resulted from not wearing a helmet. This could lead to a reduced payout. When Georgia motorcyclists sue for damages, a defendant’s insurance company will be ready for litigation.

Often, determining the outcome of a lawsuit comes down to who presents the most compelling argument when demonstrating the facts of a case. Working with a team experienced in taking on the insurance industry may provide a substantially better outcome when the stakes are high.

Potential for Shared Fault

Georgia follows comparative negligence laws, which means a jury may find that a motorcyclist’s actions partially contributed to the damages they suffered. Attorneys for the defense will strive to effectively argue a higher percentage of blame should be assigned to a motorcyclist who did not use a helmet. You may be able to recover compensation for your injuries, but the amount may be reduced by the percentage of fault assigned to you, which can impact a verdict in a lawsuit.

Liability in an accident and who is responsible remains unchanged by helmet use. Not wearing a helmet should not prevent a motorcyclist’s right to take legal action. However, this choice may impact the amount of recoverable compensation.

Don’t Wait to Contact a Georgia Motorcycle Accident Lawyer

Unfortunately, others often view motorcyclists as daredevils. Motorcyclists’ severe injuries and deaths continue to climb through the years, emphasizing the need for strong advocacy for victims of Georgia motorcycle accidents.

Let The Stoddard Firm fight for your fair compensation if you or a loved one suffered injuries due to a motorcycle accident. Call 470-467-2200 to schedule your free consultation. Negligence attributable to another driver – not the motorcycle rider — is the problem in most motorcycle accidents. We will fight for you.

Attorney Matt Stoddard

Atlanta Personal Injury LawyerMatt Stoddard is a professional, hardworking, ethical advocate. He routinely faces some of the nation’s largest companies and some of the world’s largest insurers – opponents who have virtually unlimited resources. In these circumstances, Mr. Stoddard is comfortable. Mr. Stoddard provides his strongest efforts to his clients, and he devotes the firm’s significant financial resources to presenting the strongest case possible on their behalf. Matt understands that his clients must put their trust in him. That trust creates an obligation for Matt to work tirelessly on their behalf, and Matt Stoddard does not take that obligation lightly. [ Attorney Bio ]

Busting TBI Myths: Separating Fact from Fiction

A traumatic brain injury (TBI) is more than a headache. It is a damaging event to one of the brain’s most complex organs. TBIs range in severity from mild to moderate to severe. The severity and the portion of the brain damaged play a critical role in a victim’s recovery and quality of life. Unfortunately, misconceived notions regarding a TBI can lead to additional forms of harm. Victims may...