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Home > Accident Attorney > I WAS NOT WEARING MY MOTORCYCLE HELMET. CAN I STILL RECEIVE MONEY FROM THE OTHER DRIVER?

Written by Jelena Tiemann and Peter B. Tiemann

Last Updated : January 13, 2022

I WAS NOT WEARING MY MOTORCYCLE HELMET. CAN I STILL RECEIVE MONEY FROM THE OTHER DRIVER?

Posted on Wednesday, February 24th, 2016 at 2:21 am    

According to the Insurance Institute for Highway Safety, wearing a motorcycle helmet is about 37% effective in preventing deaths and 67% effective in preventing brain injuries in a motorcycle crash. Head injuries are one of the most common types of injuries sustained by motorcycle riders in a crash. Therefore, 19 states have a universal helmet law, including California, requiring all riders to wear a motorcycle helmet.

Because California is one of the states with a universal motorcycle helmet law and California has a comparative negligence law, choosing not to wear a motorcycle helmet could substantially decrease the compensation you receive in a motorcycle accident claim.

What is Comparative Negligence?

Comparative negligence is the legal theory that an accident victim should not receive compensation for the percentage of fault assigned to the victim for the accident. In other words, if you are partially to blame for your injuries (i.e. you contributed to the cause of the accident), you should not be entitled to recover 100% of your losses. For example, if a driver turned left in front of you but you were speeding, the jury may find that you contributed to the accident by speeding. If the jury assigns 20% of fault for the accident to you, the damages you receive will be reduced by that percentage.

For a motorcycle rider, not wearing a motorcycle helmet could result in catastrophic injuries. According to the NHTSA, in states that have a universal helmet law, 59% of the riders killed in 2013 were not wearing helmets compared to only 8% in states with a universal helmet law. Data compiled by the U.S. General Accounting Office (GAO) revealed that riders who wore motorcycle helmets had an 85% reduced incidence of serious and critical injuries. Statistics like these make it very easy for a defense attorney to argue that the motorcycle rider is partially if not fully responsible for his or her injuries for failing to wear a helmet.

Because the amount of compensation awarded in motorcycle accidents can be substantial due to the level of injuries sustained in crashes, insurance companies search for every way to reduce the amount of money it must pay to the accident victim. Comparative negligence gives the insurance company a means to reduce the compensation if the rider was not wearing a motorcycle helmet at the time of the accident.

If I Was Not Wearing a Motorcycle Helmet, Should I Still See an Attorney?

Absolutely, you should seek the advice of an attorney whenever you are involved in a motorcycle accident. Even if you were not wearing your helmet at the time of the crash, you may still be entitled to partial compensation for your injuries. An experienced motorcycle attorney can help you recover compensation from the at-fault driver by mounting a strong defense to the insurance company’s comparative negligence argument.

Contact the motorcycle accident lawyers of the Tiemann Law Firm by calling (916) 999-9000 or by visiting our website to speak with a representative online. We offer free, no obligation consultations — it does not cost you anything to get sound legal advice regarding your motorcycle crash.

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Elizabeth Ochoa Testimonial
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I chose Tiemann Law Firm to help me after a car accident I was involved in. Throughout the entire process, Moe made sure to keep me updated, he always responded quickly whenever  I had questions about anything. My case won thanks to this law firm and its dedication. My experience with Tiemann Law Firm was amazing! 10/10 recommended.

Dawniel Ewing Testimonial
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I have nothing but great things to say about this firm. They have been extremely helpful and professional when dealing with my case. Anytime I needed anything or wanted to be updated they responded immediately. They made me feel like they cared. Highly recommend them!

Michael T. Testimonial
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I sat down and met with Jelena Tiemann about my vehicle accident.I presented all of my documentation to her in which she gave me her assessment.Although the Tiemann Law Firm wont be representing me because my settlement offer was pretty good she was very clear,forward and professional about what she felt could and couldn't be done.I recommend this law firm to anyone who needs a helping hand at fighting a case where you don't have to worry about the outcome not going in your favor. Please don't review this business if you received a freebie for writing this review, or if you're connected in any way to the owner or employees.

Herb T. Testimonial
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The Tiemanns were referred to me by a friend and I am exceptionally happy with the service I received. I had never been in an accident before. I had no idea what to do. Jelena verbally explained how everything would work to me, and she and Peter handled everything. I didn't have to lift a finger once. They went above and beyond for me and I am extremely grateful. I pray I won't ever need this type of assistance again, but I will definitely be referring them to friends and family.

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.

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!

S.B. Testimonial
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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...

Star Fire Testimonial
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It is hard to put into words the care and dedication that I received from the Tiemann’s. They have been here for me every step of the way and were always available when I had questions or concerns. My husband and I will be forever grateful for everything they have done for us and our family. Thank you so much for all of the hard work and time you have put into my case, we greatly appreciate it and your friendship. We highly recommend this firm and will always be thankful for everything they have done. Thank you so much again, Kim

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.

Maye Ly Testimonial
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I just saw my lawyer Jelena Tiemann on a t.v ad, which reminded me how much she helped when I was in a desperate situation. I just love her! That is why I feel a need to tell everyone. I had a situation that happened & didn’t know what to do, our where to go. I didn’t even know if she could help me or if any lawyer could. All I wanted was it to go away & was afraid most lawyers wanted to drag it out & possibly go to court. For one she was very professional but was very personable (maybe b.c she’s a lady). She didn’t make me feel embarrassed or self-conscious that I did something wrong or was the cause of the situation. She immediately said we should try our best before going to court. Let me handle some paperwork, if at the last we do go to court we have documents. She gave me all the details, pros and cons but reassured me she deals with these cases all the time. She came through and made it as painless as possible. I now have my life back.

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.

Jennifer Birdseye Testimonial
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Tiemann Law Firm helped us with an injury case for my nephew. They were very knowledgeable and we are very happy with the service they provided. The entire staff is topnotch!

Lendzey Garcia
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I was in a very bad/ major car accident I originally had an attorney who wasn’t trying to help me out much or take any of my calls so I called Tiemann and told them my situation. They made it an AWESOME and Smooth transition over to them and took on both cases I had. I just settled on my big case and am beyond great full. For them and their team! I highly recommend them. To add on to this a little On how much they will work with you, I moved to Montana in the middle of all Of this and it was not an issue!