Motorcycle accidents are tragic events that can lead to severe and extensive injuries. If you have injuries from a motorcycle accident, you probably need an extended recovery period. Keeping up with insurance claims and court proceedings might be difficult in your situation. You might need certified legal representation to deal with any complications that could arise during the process.
St. Louis motorcycle accident lawyers at Hipskind & McAninch, LLC tell us that not wearing a helmet at the time of the accident will have a negative impact on your motorcycle accident claim. Legally speaking, not wearing a helmet is considered a breach of your duty to the other drivers and is seen as negligence in court.
When you own a motorcycle, it is your responsibility to make sure that you drive responsibly. That includes respecting all the safety measures to avoid getting severely injured. The judge will consider all of these details before establishing how much compensation you receive. If you need to learn how to start filing for a compensation claim, here is what you should consider:
What Is Negligence Law?
Many states adopted negligence laws to settle compensation claim lawsuits. For example, Missouri is a comparative negligence state which means that you might be found partially responsible for the accident if you did not take the measures to ensure your safety. In such cases, your compensation will suffer a reduction according to your percentage of fault.
Insurance companies know that any accusation of negligence will harm your compensation claim. Having a lawyer to examine the evidence and determine the circumstances of the accident will be helpful to you. While recovering from your injuries, your lawyer will ensure that you receive exemplary representation in court.
How Not Wearing a Helmet Will Impact Your Claim?
Just like speeding, choosing not to respect safety measures is a breach of the law. Not wearing a helmet increases your chances of suffering head trauma in case of a motorcycle accident. If you wore a helmet, your injuries might have been less extensive, requiring less medical attention. In such instances, the judge might reduce the amount you receive as compensation.
When your injuries are located on other parts of the body, the reduction of damages might be insignificant. Additionally, wearing vanity helmets instead of ones that comply with the law’s requirements will negatively impact your claim. The judge will not consider the vanity helmet sufficient protection and might give you a percentage of fault.
How to File for Compensation
Many states adopted the statute of limitations, allowing you to file a personal injury claim for a limited period of time. In Missouri, you can file your claim for five years from the moment of the accident. You would need an extended recovery period if you sustained severe injuries from a motorcycle accident. In such cases, medical bills tend to pile up while you endure pain, suffering, and financial loss. Recovering your expenses is vital in such circumstances.
Hiring a qualified attorney to handle your personal injury claim so that you receive the maximum compensation amount will give you the time and peace you need to recover fully. It is best practice to file a compensation claim as soon as possible, and hiring an attorney ensures you take all the necessary steps immediately.
