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Not Wearing Helmet Affects Motorcycle Accident Settlement

Not Wearing Helmet Affects Motorcycle Accident Settlement

California Vehicle Code Section 27803 requires all motorcycle drivers to wear a helmet. Passengers on motorcycles must also have to wear a helmet. Recovering damages can be difficult if you or the passenger were not wearing a helmet. The services of a motorcycle accident attorney prove invaluable in this situation. The attorney will try to prove to the court that the injury would have occurred even with the helmet.

WEAR HELMETS, YOU MIGHT BE FOUND PARTLY AT FAULT IF NOT

The settlement amounts can be less if you had contributed to the accident. For instance, the fact that you had not followed road rules will have a negative impact on your case. Remember that the pure comparative negligence law applies in California. As per state rules, injured victims can collect compensation even if they are 90 percent at fault. But the compensation amount will reduce by the percentage of the fault.

NOT WEARING HELMETS CAN LOWER SETTLEMENT AWARD

Suppose that the courts have awarded $500,000 to a victim of a motorcycle accident. If the victim was 30% responsible, the compensation amount would reduce by 150,000. The higher the fault of the victim, the lower will be the compensation amount. Unlike other states, there is no 50% cap to the percentage of fault.

Bernard & Bernard Attorneys

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About The Author

LA Injury Attorneys

Shane Bernard is a prominent Los Angeles attorney. Mr. Bernard has a degree in philosophy from New York University and dual minors in both psychology and United States history.