Two Reasons You May Be Awarded Less Money In Your Motorcycle Accident Case
When you're in an accident caused by another driver, you're entitled to compensation for your damages and losses. However, there are a few things which, if present in your case, can reduce the amount of money you receive and even prevent you from getting paid at all. Here are two you should be aware of and what you can do about them.
You Weren't Wearing a Helmet
If you weren't wearing a helmet when your accident occurred, the judge in your case may hold you partially responsible for your injuries. The reasoning behind this is people have a duty to prevent their own injuries when they can.
It's fairly common knowledge that helmets can prevent head injuries. Therefore, by choosing not to wear one, you assume some of the risk associated with that decision. As such, a judge may feel that since your injuries could've been prevented, you should bear some of the responsibility for the outcome, even though the accident wasn't your fault and your state doesn't have helmet laws.
In this situation, the judge may assign a percentage of liability to you, which may reduce your monetary judgment if you live in a state that has comparative negligence laws that allows people to recover damages even if they're partly at fault for their injuries. For instance, if you're found 20 percent liable for the incident, you will only receive 80 percent of the money you're asking for.
Unfortunately, you may be barred from recovering anything at all if you live in a state with contributory negligence laws. In states like Maryland, you won't receive anything at all if you're found even 10 percent liable for the accident or your injuries.
To avoid this outcome, you would have to show you'd still sustain the injuries you did regardless of whether you were wearing a helmet or not. This may work fine for body and neck injuries, but it may be a tough sell for ones that occur to your head. You would likely need the help of a medical expert who could testify how a helmet would not have protected you from certain head injuries, such ones that result from the brain being thrown around inside the skull (e.g. concussion).
You Were Lane Splitting
Another thing that can result in a lower payout on your case is if you were lane-splitting when the incident occurred. Lane splitting is when motorcyclists ride in the area in-between the cars. It's a popular way for riders to navigate through traffic jams.
The trouble is that this maneuver is not legal in any state. Additionally, the risk of an accident is high because drivers are not expecting a motorcycle to lane split, which means they may change lanes or open vehicle doors without checking to see if someone is coming down the middle of the lane.
Again, the judge may feel your illegal maneuver contributed to the accident and assign a portion of liability to you, which may result in you having to pay for some of your damages and losses.
To learn more about these issues or for assistance with your motorcycle accident case, contact a motorcycle accident attorney.
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