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Can I Sue After a Motorcycle Accident if I didn’t Have a Helmet On?

By Peters & Nolan, LLC on June 1, 2022

In most states, it is against the law to ride a motorcycle without a helmet. However, if you are involved in a motorcycle accident and were not wearing a helmet, you may still be able to sue the other driver if they were at fault. It is possible that your damages will be reduced because you were not wearing a helmet and thusly assumed some of the risk.

Motorcycle accident lawyers are familiar with motorcyclists’ unique challenges on the road. They can help you get the compensation you deserve if you’ve been injured in a motorcycle accident. If you were involved in a motorcycle accident and you were not wearing a helmet, you may still be able to recover damages, but it could be more difficult. The lack of a helmet may be used as evidence of comparative negligence, which could reduce the amount in damages you can recover. If you were not wearing a helmet at the time of your accident, it’s crucial to speak to a motorcycle lawyer as soon as possible to discuss your legal options.

The talented lawyers at Peters & Nolan, LLC can be reached at (970) 233-4357. Call immediately for a quick consultation about your specific case.

The Supreme Court

For years, motorcycle drivers could decide whether or not they wanted to wear helmets, which caused many avoidable injuries and fatalities. Unfortunately, it took many lives and the threat of lawsuits for legislators to realize that action needed to be taken to protect people. While understudied, evidence suggests helmets effectively prevent injuries when worn correctly. The challenge is to compel motorcyclists to wear helmets and enforce laws mandating their use.

With the latest round of helmet law repeals, motorcycle helmet use has dropped precipitately to 58% nationwide, and it’s believed that fatalities have risen by 62%. ‌In states where helmet laws have been repealed, more people are driving motorcycles, but fewer of them are wearing helmets. This is an indication that even though riding motorcycles can be safe and fun when done responsibly, people often need to be restricted by rules, such as mandatory helmet laws, in order to make the right decisions about their own safety.

Should I Wear a Helmet

Some people believe that helmets offer protection in the event of an accident, while others believe that they can increase the risk of injury by impairing eyesight or becoming a distraction on the road. Ultimately, it is up to you to decide whether or not to wear a motorcycle helmet, based on your individual circumstances.

Hire a Lawyer

If you have been involved in a motorcycle accident, you may need to hire a motorcycle accident lawyer. Peter & Nolan, LLC specializes in helping people who have been injured in motorcycle accidents. We can help you get the compensation you deserve for your injuries.

Motorcycle accident lawyers have a lot of experience dealing with insurance companies. We know how to negotiate with them to get you the best possible settlement. We can also help you file a lawsuit if necessary. If you have been injured in a motorcycle accident, contact a motorcycle accident lawyer as soon as possible at (970) 243-4357.

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About Us

Peters & Nolan, LLC is your ideal source for high quality legal representation throughout the state of Colorado. Known for being personable and responsive, attorneys Andrew J. Peters and Andrew Nolan are aggressive trial lawyers with an excellent record of trying and settling cases in criminal defense, DUI/DWAI and personal injury.