They Weren’t Wearing a Helmet. Can You Still Pursue Compensation?

Posted by John D'Intino Jr.Jan 03, 20220 Comments

When you find out that someone you love has been injured in a motorcycle accident, that's already more than enough to handle. You need to figure out how to manage their care, how you and your family will be able to move past the event, and how to pursue all possible compensation.

If you learn that your loved one wasn't wearing a helmet at the time of the accident, you might wonder if you'll still be able to work towards any type of relief.

Fortunately, you can. While not wearing a helmet can often make an accident claim a little more difficult, you can still pursue compensation.

Motorcycle Accidents Without Helmets: What to Do for a Successful Claim

First things first: Realize that the insurance company and any other involved parties will try to use your loved one's lack of helmet use against you. Your opponents may work to show that—even if the motorcycle rider wasn't responsible for the accident—their choices made them responsible for the injury.

You and your team will need to demonstrate that while the motorcyclist may have some share of the fault, they don't have sole responsibility for the incident.

One possible strategy is to show that your loved one's lack of helmet use didn't actually contribute to the extent of their injuries. For example, while a helmet may have protected the rider from traumatic brain injuries, their helmet use likely wouldn't have affected any harm to their torso or extremeties. To do this, you'll need to work with a medical expert and a motorcycle accident attorney.

Start by making sure that your loved one receives medical assistance as shortly after the accident as possible. Then, discuss your case with a personal injury lawyer. They may be able to help you find an experienced medical professional who can help you interpret your loved one's medical records.

For Strategic Defense and Support after a No-Helmet Accident, Call The D'Intino Law Firm, LLC

While you absolutely can pursue compensation after you or a loved one got badly hurt in a motorcycle accident (regardless of their helmet use), you may need to take very strategic steps to achieve a favorable outcome.

To optimize your chances of success, work with an empathetic, effective legal team with specific experience in motorcycle accident cases. The D'Intino Law Firm, LLC in Philadelphia has that expertise. We understand the nuances involved with these situations. Connect with us today, and we'll help you pursue the compensation you need.