Not wearing a helmet can have a negative effect on your motorbike accident claim. This is because helmets are not only required by law, but they also reduce the risk of severe injuries. However, you can still get good compensation for your motorbike accident claim if you go about it the right way. Here are a few tips to help you mount a strong claim in such a case:
You Didn't Incur Head Injuries
Wearing a helmet is primary for protecting your head. For example, if you are involved in a motorbike-car crash, and you hit your head on the car's windshield, you are likely to incur more severe injuries if you were not wearing a helmet than if you were wearing a helmet. Therefore, if you were involved in a motorbike accident and you didn't incur head injuries, you can argue that the helmet wouldn't have helped your case. For example, you can argue that a helmet wouldn't have helped prevent a fracture in your leg.
The Accident Was Caused By a Defective Product
You also have a strong claim if your accident was caused by a defective product, and you can prove it. For example, if the motorcycle's brake system was defectively designed and it failed you at a crucial moment, you can mount a defective product claim against the motorbike's manufacturer because the helmet couldn't have helped you stop the bike in time.
The Helmet Couldn't Have Prevented the Motorbike Damage
When pursuing an accident claim, you are entitled to be compensated for all damages arising out of the accident, including property damage. As you know, the helmet is only meant for protecting your head from severe injuries in case of an accident; it doesn't protect the motorbike in any way. Therefore, you should be able to recover damages for your damaged motorbike even if you weren't wearing a helmet because the lack of a helmet has nothing to do with the motorbike damage.
Helmet Wearing Isn't Mandatory In the Jurisdiction
There are jurisdictions that require all motorbike riders to wear helmets at all times as well as jurisdictions where helmets are only required in specific cases. Many defendants in motorbike accident claims like to use the law when trying to escape liability. However, this shouldn't be an issue if you weren't required to wear a helmet at the time of your crash.
Hopefully, the tips above will help you collect your damages. Don't forget to use a motorbike accident law firm, such as The Cochran Firm of the Mid-South, to make your case even stronger.