Can I recover compensation for a Georgia motorcycle accident if I was not wearing a helmet?
As always, if you have been involved in a motorcycle accident in Georgia, contact an Atlanta motorcycle accident attorney to look at the details of your case and provide a thorough explanation of your legal options based on the specifics of your Georgia motorcycle accident.
The biggest factor affecting eligibility for compensation through a personal injury claim is proving the negligence of the other party. Just because you were not wearing a motorcycle helmet at the time of your Georgia motorcycle accident does not mean the person who caused it is now without fault.
However, since Georgia is a comparative negligence state and Georgia does have a mandatory motorcycle helmet law, your potential accident compensation could be affected if you are claiming damages related to a head injury. Your decision not to wear the required motorcycle helmet could be viewed as a contributing factor to your motor accident injuries, which may impact your overall compensation.
In Georgia, you must prove the party you are claiming damages against was at least 50% or more at fault for your motorcycle accident. You may personally be found up to 49% responsible for the accident and still recover some compensation, though it will be reduced by your percentage of fault.
For example, if you were found 15% liable for your accident injuries for your refusal to wear a motorcycle helmet, your settlement or court award would be reduced by 15%.
It's always a good idea to wear a helmet while riding a motorcycle, but if you find yourself in the situation where you are in an accident while not wearing a helmet, you should still consult an Atlanta motorcycle accident attorney.
Contacting an Atlanta Motorcycle Accident Lawyer
If you are the victim of someone else's negligence or carelessness, whether in a motorcycle accident or some other type of accident, you have certain rights guaranteed by law. To help you understand these rights and seek the compensation you may be eligible for to help get your life back in order, contact the Atlanta Law Offices of Sheryl L. Burke for a no-cost consultation on your injury case - 404.467.0909.