I wasn’t wearing a helmet when I got hit. Will that hurt my case?

When you’ve been involved in an accident and you weren’t wearing a helmet, it’s natural to wonder how it might impact your legal case. Here’s what you need to know:

The Importance of Helmet Laws

In most states, wearing a helmet while operating a motorcycle or bicycle is not only advised for safety reasons but is also legally required. However, not wearing a helmet doesn’t necessarily mean that your case is doomed.

Impact on Your Case

While the fact that you weren’t wearing a helmet might not directly aid your case, it also won’t automatically harm it. It’s important to remember that the focus of your case should be on determining fault and responsibility for the accident. If you were not at fault and the other party’s actions led to the accident, you are still considered the victim.

Mitigation of Damages

This situation could potentially fall under the concept of “mitigation of damages.” This means that while you had a duty to minimize the extent of your injuries after the accident, not wearing a helmet might have contributed to the severity of your injuries. While it might be brought up by the opposing side as a point of contention, it doesn’t necessarily negate your right to seek compensation for your damages.

Consult a Legal Professional

If you have concerns about how not wearing a helmet might impact your case, it’s advisable to consult with a personal injury attorney. They can provide you with specific advice tailored to your situation and help you understand the potential implications of your claim.

Conclusion

Ultimately, not wearing a helmet at the time of the accident might be a factor that comes into play during legal proceedings, but it’s unlikely to be the sole determining factor. The most important aspects of your case are the events that led to the accident and the responsibility of the other party involved.