Motorcycle helmets save lives and this is the first and best reason to wear one all the time. It is also a legal obligation for all motorcyclists in Georgia. So, what happens if you were not wearing a helmet and you got hit by a car? Do you still have the right to file a motorcycle accident claim? The best way of knowing it is by consulting with an experienced Atlanta motorcycle accident lawyer at the GMV Law Group.
However, in this article we will discuss the general aspects of this situation and how Georgia laws influence the outcome of your claim.
What Does Georgia Traffic Law State Regarding Motorcycle Helmets?
According to the Official Code of Georgia 40-6-315, both motorcycle riders and their passengers must wear protective headgear. The motorcycle helmet must meet the standards determined by the commissioner for public safety.
In general, any DOT-approved motorcycle helmet will meet these standards. According to the National Highway Traffic Safety Administration (NHTSA), all approved helmets bear a sticker with the following information printed on it:
- Manufacturer/Brand
- Model
- DOT
- FMVSS No. 218 Certified
Filing a Claim If You Were Not Wearing a Helmet
The good news is that not wearing a helmet does not prevent you from filing a claim against the negligent driver. The law recognizes the fact that, had they not hit you, you may not have suffered any injuries and economic damages.
However, this will be an uphill battle with the insurance company. Here are just a few issues that will likely come up during your motorcycle accident claim.
1. The Insurer Adjuster Will Try to Place All Blame on You
Once the adjuster finds out that you were not wearing a helmet at the time of the crash, they will tell you that you don’t have a valid claim. They will invoke that you did not follow the traffic laws (which is true) and that you are solely to blame for your injuries (which is untrue).
The fact is that you will need to hire a skilled Atlanta motorcycle accident lawyer to win such a claim. The adjuster will not be sympathetic to your suffering and they have a powerful weapon against you.
You will need a powerful ally with extensive knowledge of the law, who will prove that the driver’s negligence is the main factor that caused your injuries.
2. Your Percentage of Fault Will Be Significant
The comparative negligence principle that operates in Georgia states that the person who was less than 50% has the right to seek damages. Also, the principle states that their damages will be reduced by an amount representing their proportion of fault.
In the case of a motorcycle crash where the rider was not wearing a helmet, their percentage of fault will be rather high. No matter how your attorney interprets the evidence, you are not likely to recover all your economic and non-economic damages.
3. You Will Face Penalties for Not Wearing the Helmet
Separate from your motorcycle accident claim, you will face penalties for breaking the helmet law. This breach is deemed a misdemeanor and the maximum penalties are $1,000 fine and up to 12 months in jail.
However, these maximum penalties are usually applied for repeat offenders and in cases involving various aggravating circumstances. The best option is to discuss this separate legal issue with a criminal defense lawyer.
Steps to Take after a Motorcycle Crash to Protect Your Legal Rights
Your own actions after the motorbike crash can influence the outcome of your claim. Remember to do the following:
- Report the accident to the police
- Remain at the crash scene until officers arrive to investigate
- Take photos and videos of the accident scene
- Exchange insurance information with the car driver
- Identify eyewitnesses and get their contact details
- Go to the nearest hospital for medical attention immediately after the accident
- Do not talk to an insurance adjuster without an attorney
Consult with an Experienced Atlanta Motorcycle Accident Lawyer!
Filing a claim for damages is difficult even in the simplest cases. If you were not wearing a helmet, the chances are that an insurance adjuster will deny your motorcycle accident claim on the spot.
If you want to obtain fair compensation for your damages, get an experienced Atlanta motorcycle accident lawyer to represent you. At the GMV Law Group, we offer each new client a free case evaluation, so call us to schedule it at 678-824-8333!
