Posted on Monday, September 16th, 2019 at 7:03 am    

California is one of 19 states that has a universal helmet law for motorcyclists. All motorcyclists and passengers must wear a motorcycle helmet while riding in California under California Vehicle Code §27803. Even though the state has a mandatory motorcycle helmet law, that does not mean that every person riding a motorcycle obeys the law. If you were injured in a motorcycle helmet and were not wearing a motorcycle helmet, that fact could have a substantial impact on your ability to recover compensation for injuries.

Fault for a Motorcycle Accident

California has a fault-based system for apportioning damages in a motor vehicle accident. The person who causes an accident is liable for damages arising from the accident. Therefore, if another driver caused your motorcycle accident, that driver should be responsible for compensating you for your physical injuries, emotional damages, and financial losses related to the motorcycle accident. However, California’s pure comparative fault laws also impact compensation for an accident claim.

According to the state’s pure comparative fault laws, an accident victim’s compensation can be reduced by the percentage of fault assigned to the victim for causing the accident. In other words, if a jury were to find that you were 30 percent at fault for the cause of the motorcycle accident, the compensation you should receive for your accident claim would be reduced by 30 percent. If you should receive $100,000 for your injury claim, the most you could receive would be $70,000 if you were 30 percent at fault for causing the accident.

Does Failing to Wear a Motorcycle Helmet Factor into Liability for the Accident?

No, failing to wear a motorcycle helmet should not be a factor in determining fault for the cause of the motorcycle crash. Therefore, failing to wear a motorcycle helmet should not impact your recovery for a motorcycle accident in which you had no fault for the cause of the crash.

However, if you suffered head or facial injuries during the crash, your failure to wear a motorcycle helmet could have some impact on the amount of money you receive for your claim. The insurance company will argue that your injuries may not have been as severe had you been wearing a motorcycle helmet at the time of the crash. Because all individuals have a duty to mitigate their damages whenever possible, your failure to wear a motorcycle helmet as required by law could be a factor in the case.

An experienced California motorcycle accident attorney will argue that your injuries, including any head or facial injuries, would never have occurred had it not been for the negligence of the other driver.

Contact a California Motorcycle Accident Attorney for More Information

Motorcycle accident claims can be difficult to win. Insurance companies use every available defense to avoid paying a motorcycle accident claim. If you were injured in a motorcycle crash, especially if you were not wearing a motorcycle helmet, you need an experienced California motorcycle accident attorney on your side.

Contact The Tiemann Law Firm by calling (916) 999-9000 or by visiting our website to schedule a free consultation with one of our California motorcycle accident lawyers.

Client Testimonials

Jennifer T. Testimonial
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I highly recommend The Tiemann Law Firm! I had never before been in a situation where I sustained injury and had to seek legal representation. I was nervous, traumatized, and had no idea what to expect. Jelena, Peter, and their staff walked me through each step of the process. They explained everything in detail. They patiently answered all my questions, responded quickly to every email, text message, phone call, etc. I felt totally prepared for each new phase of the legal process. Furthermore, they were fearless in their defense of me. In certain situations, when I felt attacked or scared my attorney protected me like I was family. Their diligence, honesty, integrity, and compassion provided a true sense of healing and closure for my family and I. The Tiemann Law Firm accomplished more for me than I ever thought possible and I am forever grateful.

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Here's the thing... Nobody really thinks much about lawyers until they need one.  Well, we needed one!  The Tieman Law Firm came through for us in a big way. They were professional, courteous, thorough, and had excellent staff as well.  Highly recommended...

Jereme S. Testimonial
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No one wants to have to hire a lawyer, but if you do. I prefer Tiemann Law. They helped a family member who was injured on the job, and the company did not want to compensate him even though, the injury occurred on the job on company time. Jelena was always professional in explaining the lengthy process of fighting a large corporation. 2 years later he finally is receiving the deserved compensation.

Hanna Padilla Testimonial
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From the very start of my case the Tiemann Law Firm was wonderful. Perter came all the way to my home to sit down and talk to me about my options. He made me and my partner feel very comfortable and promised us he would take the very best care of my case. Peter kept me informed every step of the way and was always on top of things. everything was done in a timely manor and I always felt like I was the only case he was working on because he was so fast. In the end Peter got me back way more money than I ever expected. I would recommend this law firm to everyone. I am very happy with the outcome of my case thanks to the Tiemann Law Firm! Thank you!

Matt H. Testimonial
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I was in a car accident a while back where I was injured and had to miss work for an extended period of time.  After nearly a year of fighting with the insurance company with no results and no progress, I met with Jelena Tiemann.  I couldn't have asked for a more responsive and supportive advocate.  We quickly reached a settlement and I finally was able to move from the stress and burden of feuding with my insurance.  I highly recommending meeting with Jelena if you're in need of a lawyer.