Can I Receive Compensation If I Didn’t Wear A Helmet In A Motorcycle Accident?

If you are a motorcyclist who has been injured in an accident in Nevada, you may be wondering if there is any legal recourse available to you. In particular, you may be wondering if not wearing a helmet at the time of the crash affects your ability to recover damages for medical expenses or lost wages.

The answer depends on the circumstances surrounding the accident and requires an understanding of how liability is determined in motorcycle accidents. If you want to learn about your rights following your crash in Nevada, contact our Las Vegas motorcycle accident lawyer at Cameron Law. From our office in Las Vegas, Nevada, we serve accident victims throughout the state, including Spring Valley, Henderson, and Paradise.

Common Types of Injuries in Motorcycle Accidents Without a Helmet

Motorcyclists who neglect to wear helmets are much more likely to suffer from traumatic brain injuries (TBIs), including concussions and contusions.

• Concussion symptoms range in severity, with confusion, dizziness, and headaches being the most commonly reported.
• Contusion can be fatal if not treated urgently due to associated blood clots, which is why seeking prompt medical attention is so important after a motorcycle crash.
• Penetrating injuries occur when sharp objects pierce or penetrate the skull and hit the brain directly, resulting in tissue loss that has short-term or long-lasting effects (in some cases, it may even result in a fatality).

With motorcycling accidents bringing direct impact trauma into play – such as when contact is made with the pavement or other vehicles – having adequate protection is paramount for avoiding devastating and fatal injuries. However, wearing a helmet may not always prevent death. According to 2020 data compiled by the National Highway Traffic Safety Administration, 48 people died in Nevada in motorcycle accidents despite wearing a helmet.

Negligence Laws In Nevada

In Nevada, negligence laws determine who is liable for damages related to a motorcycle accident. Generally speaking, if an individual’s negligence caused or contributed to an accident, then that person can be held responsible for any resulting damages. This includes medical expenses and property damage as well as other losses such as lost wages or pain and suffering.

In order for someone to be found negligent in a motorcycle accident case, they must have failed to exercise reasonable care while operating their vehicle. This means that they must have acted negligently while driving, resulting in injury or property damage to another person. Negligence can take many forms; it could include failing to yield at an intersection, running a red light, or driving under the influence of drugs or alcohol.

Motorcycle Helmet Law In Nevada

Nevada requires all motorcyclists and motorcycle passengers to wear helmets that meet government-approved standards. Failing to wear one is not only illegal but could also affect your ability to recover damages following an accident if deemed relevant by the court during litigation. For example, if it was determined that wearing a helmet would have prevented some of the injury sustained by the plaintiff/victim – such as head trauma – then it may be argued that failure to wear a helmet constituted negligence on their part and thus reduced their right to compensation accordingly.

Thus, while you can receive compensation even if you didn’t wear a helmet in your motorcycle accident in Las Vegas or other parts of Nevada, the compensation could be reduced in proportion to your degree of fault resulting from your failure to wear a helmet.

Discuss Your Case With an Experienced Attorney

When determining liability after a motorcycle accident in Nevada, courts will consider both parties’ actions prior to and during the incident when deciding who was negligent and potentially liable for damages resulting from the crash. If you have been involved in a motorcycle accident and need guidance navigating your legal options, don’t hesitate to reach out for consultation with our experienced attorney at Cameron Law. Call 702-745-4545 to receive a free case review.

Source:

crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813306