Posted on Monday, November 26th, 2018 at 6:55 am
California requires all motorcyclists and riders to wear a motorcycle helmet when riding pursuant to CVC §27803. The motorcycle helmet must comply with U.S. DOT Federal Motor Vehicle Safety Standard 218. Motorcycle helmets are effective in reducing deaths and brain injuries in motorcycle accident.
According to the IIHS, the use of a motorcycle helmet reduces the risk of death from a motorcycle crash by about 37 percent. Helmets also reduce the risk of a brain injury from a motorcycle accident by about 67 percent. However, motorcycle helmets do not prevent all brain injuries or deaths.
Brain Injuries and Head Injuries in Motorcycle Crashes
The lack of protection offered by an enclosed vehicle increases a rider’s risk of being seriously injured during a motorcycle crash. The rider’s only protection is safety gear, such as a motorcycle helmet, gloves, boots, gloves, and specialized clothing for motorcyclists. However, helmets and clothing cannot protect a motorcyclist fully from injuries in a crash. These safety measures can reduce the risk of injuries, but they do not prevent all injuries.
Therefore, you can suffer a brain injury in a motorcycle accident even though you are wearing a U.S. DOT-compliant helmet. The helmet may decrease the severity of the injury; however, that is not always the case either. Motorcyclists can suffer a traumatic brain injury (TBI) in motorcycle crash even while wearing a helmet. Every crash is different. You cannot state with absolute certainty that if you wear a helmet, you will not suffer a TBI or other head injury in a crash.
Do Not Allow an Insurance Company to Deny Your Motorcycle Accident Claim Unjustly
Unfortunately, insurance companies will seize on any reason to deny or undervalue a motorcycle accident claim. Therefore, if an insurance adjuster tries to convince you that you do not have a valid injury claim because you were wearing a motorcycle helmet, contact our Sacramento motorcycle accident attorney immediately.
You are entitled to compensation for your motorcycle injuries. Our attorneys fight aggressively on behalf of motorcyclists and passengers to ensure insurance companies do not deny or undervalue claims unjustly or unfairly. Motorcycle accident claims can be complex and difficult, especially if the insurance company believes it can blame the motorcyclist for any of the liability for the accident or the severity of the injuries.
To help avoid issues in your case, we advise that you:
- See a doctor immediately and follow your doctor’s instructions.
- Consult a Sacramento motorcycle accident lawyer before discussing your claim with the insurance provider for the other driver.
- Never sign a medical release authorization before consulting with an attorney.
- Never provide a recorded or written statement until after you speak with our attorneys.
- Avoid discussing your accident or injuries on social media. The safest option is to stop using social media and posting information online until your claim is settled.
- Keep detailed records of all losses and expenses.
- Make notes about your daily pain level, activities you cannot perform, and other ways your injuries impact your daily life.