Man wearing a motorcycle helmet

Will I Receive Damages if I Wasn’t Wearing a Helmet During a Motorcycle Accident?

Getting into a motorcycle accident will likely result in serious injuries. Motorcyclists have less protection than those in traditional vehicles, even if the rider takes every precaution possible to prevent an injury. In particular, motorcycle riders are more likely to sustain a TBI, or traumatic brain injury, especially if they are not wearing a helmet. Read more about these types of injuries and motorcycle accidents here.

If a motorcyclist is injured in an accident at no fault of their own but wasn’t wearing a helmet, the type of damages that person may receive becomes unclear. That’s because, in Georgia and Tennessee, motorcycle helmets must be worn by law.

State Statutes

In Georgia, O.C.G.A. 40-6-315 states that, “No person shall operate or ride upon a motorcycle unless wearing protective headgear which complies with standards established by the Board of Public Safety.”

Tennessee is similar with TCA 55-9-302, stating that “The driver of a motorcycle, motorized bicycle, or motor-driven cycle, and any passenger on any of these, shall be required to wear either a crash helmet meeting federal standards.”

What Options are Available if I Was Injured and Not Wearing a Helmet?

You may be able to receive compensation in a motorcycle accident even if you weren't wearing a helmet, but it will likely be reduced if it is determined that the lack of a helmet was a contributing factor to the injuries sustained. Additionally, because both Georgia and Tennessee have laws that require motorcycle riders to wear helmets, not doing so could result in a citation.

Should I Still Contact a Personal Injury Attorney?

Yes! There are many benefits to contacting a personal injury attorney after being involved in a motorcycle accident. An attorney can help you navigate the legal system, investigate the accident, gather evidence, and negotiate with insurance companies on your behalf. Additionally, an experienced motorcycle injury lawyer can do everything possible to help you recover damages for your injuries, even if you were not wearing a helmet.

If you were involved in a motorcycle accident, don't hesitate to contact the attorneys at The Roth Firm, LLC to discuss your case. You can reach our team online or by phone. (404) 777-4899

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