While not wearing a helmet might minimally affect your injury claim after an accident, it shouldn’t entirely block it. Our lawyers may still be able to obtain compensation for most of your damages, whether the case is settled or goes to court. Not wearing a helmet doesn’t shouldn’t compromise your recovery too much, and our lawyers can stop you from accepting a bad settlement.
Plaintiffs who contribute to an accident or their own injuries, such as by not wearing a helmet, may see their damages reduced somewhat. Arkansas only blocks lawsuits for plaintiffs who are more at fault than the defendant, so this shouldn’t deter you from filing a compensation claim. If you had sustained the injury with a helmet, like a broken leg, not wearing one may not adversely affect your recovery at all.
Call our Arkansas motorcycle accident lawyers for a free and confidential case assessment at (479) 316-0438.
How Does Not Wearing a Helmet Affect Your Injury Claim in Arkansas?
Arkansas is a modified comparative fault state, barring a plaintiff’s recovery if they are found to be 50% or more at fault. While not wearing a helmet may not cause a collision, it might contribute to the rider’s injuries. Under Arkansas’ comparative fault law, the plaintiff’s damages are reduced proportionally to their liability.
Helmets protect against a wide range of facial, head, and brain injuries. While not totally preventable, traumatic brain injuries (TBIs), especially fatal TBIs, are less likely when motorcycle riders wear helmets.
If you are not wearing a helmet and suffer facial or head injuries in Arkansas, some liability might be attributed to you. Although Arkansas only requires motorcyclists under 21 to wear helmets, all riders are encouraged to wear head protection, not only to safeguard themselves, but also their potential recoveries if they are injured and must file lawsuits against negligent drivers.
Wearing a helmet is one of the most effective ways to protect yourself while riding a motorcycle. Not only does it reduce the risk of fatal and life-altering injuries, but it also provides crucial eye protection and enhances visibility.
Does Not Wearing a Helmet Always Affect Injury Claims?
Although it’s best practice to wear a motorcycle helmet at all times while riding, it’s not legally required for riders 21 and older in Arkansas. So, unfortunately, not all riders wear them. If failure to wear a helmet has nothing to do with the accident or your injuries, comparative fault rules may not affect your personal injury lawsuit.
A helmet does not protect against injuries elsewhere on the body, like broken limbs and internal injuries. If you sustain a lower back injury, for example, it wouldn’t matter whether or not you were wearing a helmet; you didn’t sustain a head, face, or neck injury that the helmet could have feasibly protected.
Don’t let a negligent driver convince you that your failure to wear a helmet automatically or even substantially affects your injury claim, especially if you suffered injuries elsewhere on your body.
What to Do if You Were Not Wearing a Helmet During an Accident
If you were not wearing a helmet during a motorcycle crash and hit your head whatsoever, get assessed for a potential head injury. Seek medical attention for any other pain or discomfort you experience, and be forthcoming with the police when they arrive at the scene.
Be honest with police officers when they ask if you were wearing a helmet. Tell them all the places you feel injured, as well as everything you can remember about the other driver’s negligence.
Remember, not wearing a helmet doesn’t mean you caused an accident, so do not accept fault or apologize for the collision at the scene.
How Much Should Not Wearing a Helmet Affect an Arkansas Injury Claim?
While a helmet might lessen the severity of facial, head, or brain injuries in Arkansas, it does not do anything to stop a negligent driver from striking you. Your failure to wear a helmet might have contributed to your injuries, but it did not cause the accident and should not bar you from recovering compensation.
Not wearing a helmet alone generally does not make a rider more than 50% at fault for a collision or their injuries. The other driver is still largely to blame, meaning they are still responsible for covering most of the rider’s damages.
While the defendant might try to argue you are more liable during settlement negotiations, the jury may designate a much lower percentage of fault towards you at trial. For example, while the defense might only offer to cover 60% of your damages in a settlement, the jury might make them pay a much closer to 100%, only attributing a small percentage of fault to you.
Even if comparative fault rules come into play, they shouldn’t unfairly lower your recovery. To gauge how significantly it might affect your case and whether it will be considered, contact our Arkansas motorcycle accident lawyers immediately.
Should You File an Injury Claim if You Were Not Wearing a Motorcycle Helmet?
While not wearing a helmet during a motorcycle accident might complicate your recovery, it shouldn’t block it entirely. You should still have our attorneys pursue a compensation claim on your behalf, as you may still be able to recover nearly all the damages you incurred.
That way, you get payment for most of your medical bills, lost wages, and other losses. Even if the lawsuit doesn’t cover some damages associated with worsened injuries for lack of head protection, it should cover damages from most medical treatment and all property damage costs. If you sustained additional injuries other than a head injury that stop you from working, you can also get all lost wages in a lawsuit.
You should still file an injury claim after an accident where you were not wearing a helmet. If the other driver is mostly at fault, they must pay most of your damages, and our lawyers may get an even better settlement than you originally anticipated in Arkansas.
For Help with Your Case, Call Our Arkansas Injury Attorneys
Call our Arkansas motorcycle accident lawyers at (479) 316-0438 for a free case discussion.