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The Cochran Firm Legal Blog
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Tuesday, May 27, 2014
Can I Still Sue If I Wasn't Wearing a Helmet?
One of the questions The Cochran Firm's injury lawyers hear a lot is, "I was
in a motorcycle accident and it was the other driver's fault. But I wasn't
wearing a helmet. Can I still pursue a legal claim?"
The answer to this will depend on the particular
circumstances of your state, your accident and the resulting injuries. Motorcycle
accident laws vary by state, as do helmet laws. Fortunately, the lawyers at
The Cochran Firm branch near you will have a full knowledge of relevant state
and local laws.
The general answer is that failure to wear a helmet while on
a motorcycle will affect the compensation you can pursue, but will not
completely disqualify you from filing a claim.
The other party in the accident will be able to argue that
you are at least partially responsible for some injuries suffered without the
aid of a helmet. This can be a compelling argument in the case of a brain injury, for
example.
However, if you've suffered a broken leg, it will be
difficult to claim that your lack of a helmet was at fault for that injury.
The important takeaway here is that you should speak with
our injury lawyers as soon as possible after your accident. We'll be able to
evaluate your case and explain how your helmet (or lack thereof) will affect
your claim.
If you've been hurt in a motorcycle accident and need an
experienced injury lawyer, Please contact The Cochran
Firm today for a free consultation.
posted by Admin at 12:13 PM
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