Q Can I still make a claim for my motorcycle injuries if I was not wearing a helmet in California?
AYes! California is a comparative negligence state. While the law requires a motorcycle operator to wear a helmet, failing to do so does not eliminate your ability to make a claim. However, your claim value may be reduced by your comparative negligence compared to the negligence of the other driver.
As an example, if you were not wearing a helmet and you would not have sustained any injury in a minor accident if you were, your failure to wear a helmet may preclude you from making a claim. On the other hand, if your accident was so severe that you sustained broken bones, or scrapes or other injuries that would have occurred anyway, then you are entitled to make a full claim and be fully compensated for your injuries.
Whether you make a claim or not needs to be assessed by an attorney that knows motorcycle law, cases and claims practices. We have taken cases that other lawyers have turned down because they wrongly thought there was no claim, and obtained successful recovery for our clients. That is why we always recommend that you hire an experienced and competent Motorcycle attorney to handle your case from the start. We handle cases in all of Southern California including Orange County, Riverside, Sa Bernardino, Los Angeles and San Diego. If the motorcycle injury is severe, we will also travel through out the state of California.
Call us if you need help. We specialize in motorcycle accident and injury recovery and we can help you immediately. Call us at 1 888 752-7474 or contact us.