If you’ve been involved in a motorcycle accident and weren’t wearing a helmet at the time, you’re probably experiencing a whirlwind of emotions. You might feel scared, hurt, or unsure about what lies ahead. On top of managing your injuries and the aftermath of the accident, you may also be questioning whether you still have legal rights to seek compensation since California law requires motorcyclists to wear helmets while riding. This is an understandably difficult time, but it’s important to know that your ability to file a claim doesn’t disappear just because you weren’t wearing a helmet.
The time after a motorcycle accident is never easy, but we want to reassure you that there’s hope and pathways to justice, no matter the circumstances. You might not realize it, but many people in your position have successfully recovered compensation, even if they didn’t have their helmet on during the crash. A Glendale motorcycle accident lawyer can help guide you through the process and fight for the compensation you deserve.
Let’s break this situation down and explain your rights as an accident victim, how laws such as pure comparative negligence work, and what you can expect moving forward.
First and foremost, we want to recognize what you’re dealing with. If you’ve been injured in a motorcycle accident, the physical pain might be overwhelming. Injuries from these kinds of accidents can range from cuts and bruises to traumatic brain injuries, spinal damage, and emotional trauma. You may also be dealing with a growing pile of medical bills, missed work, and insurance companies demanding answers. At the same time, you might feel unfairly judged for not wearing a helmet, as though this one choice defines your worth or your right to seek justice.
But please understand this: your decision to not wear a helmet doesn’t mean you deserved to get hurt, and it doesn’t mean that your case has no merit. Accidents happen because of a range of factors—distracted drivers, reckless behavior, poor road conditions, or mechanical failures, just to name a few. Whatever the circumstances of your crash may be, you still have the right to explore compensation for the harm you’ve suffered.
California has one of the strictest motorcycle helmet laws in the country. Under California Vehicle Code Section 27803, both motorcycle riders and passengers are required to wear a helmet that meets U.S. Department of Transportation (DOT) safety standards whenever they’re on the road. These laws are in place because helmets play a crucial role in minimizing head injuries during collisions. Research shows that wearing a DOT-compliant helmet can significantly reduce the risk of severe injury or death in motorcycle crashes.
However, failing to wear a helmet doesn’t automatically mean that you’ll lose your claim. Yes, it’s possible that not wearing a helmet will be discussed during the claims or legal process, but it’s only one piece of the puzzle. The at-fault driver, their actions, and the specifics of your crash all play a huge role in determining what happens next.
Even if you weren’t wearing a helmet, you still have the legal right to file a claim for your injuries and other damages. That’s because motorcycle accidents don’t happen in a vacuum. The primary question isn’t whether you were wearing a helmet—it’s whether someone else’s actions caused the collision. If another driver ran a red light, failed to check their blind spot, or was under the influence, for instance, they may still be held fully or partially responsible for the accident and its consequences.
The goal of your claim is to ensure you receive fair compensation for everything you’ve lost due to the accident. This might include your medical expenses, lost income, motorcycle repairs or replacement, and even the emotional toll the accident has taken on your life. If your injuries were made worse by the lack of a helmet, this will likely be considered during the process, but it doesn’t erase the fact that another driver may have acted negligently or recklessly.
At this point, you might be wondering whether your lack of a helmet will hurt your chances of obtaining compensation. The answer lies in a legal concept called “pure comparative negligence,” which California uses to handle cases where both parties may share some blame.
Under pure comparative negligence, you can still recover compensation even if you were partially at fault for your injuries. However, the amount of compensation you can recover might be reduced by your percentage of fault. For example, if the court determines that you were 20% at fault for your injuries because you weren’t wearing a helmet, and the total damages in your case are $100,000, you would still be entitled to $80,000 (or 80% of the total amount of damages).
Here’s how this might apply to your situation:
Every case is different, and the percentage of fault (if any) assigned to you will depend on the specific evidence, expert opinions, and legal arguments presented in your case. It’s also worth noting that pure comparative negligence allows you to seek compensation no matter how high your percentage of fault might be, which is especially helpful compared to other states that limit or bar claims after exceeding certain fault thresholds.
It’s normal to worry about how certain factors in your case might impact the outcome, but there are effective ways to strengthen your claim. By focusing on these steps, you can help highlight the core facts of the accident and combat any potential bias against you:
If you’re feeling overwhelmed by the legal aspects of your accident, that’s completely normal. Dealing with an injury is hard enough without having to sort through questions of liability and compensation on your own. But here’s the good news—you don’t have to figure everything out right away. The most important thing you can do right now is focus on your recovery and well-being. Whether or not you were wearing a helmet, you are entitled to dignity, empathy, and support as you move forward.
Having the right legal guidance can also make a world of difference at a time like this. When you work with a compassionate and skilled team, they’ll help you understand your rights and frame your story in a way that reflects everything you’ve endured. Instead of being treated like a statistic or blamed for your injuries, you can take control of the situation and work toward the outcome you deserve.
Dealing with a motorcycle accident claim is challenging, especially when you’re facing injuries, insurance hurdles, and legal questions. Having an experienced lawyer by your side can make all the difference. Here are some key ways a lawyer can support you:
Through all these steps, a compassionate lawyer can also provide emotional support, helping you regain a sense of control during such a difficult time.
After a motorcycle accident, financial concerns can feel overwhelming, and you might worry about whether hiring a lawyer is an option. The good news is that many personal injury lawyers work on a contingency fee basis. This means you don’t pay anything upfront, and your lawyer only gets paid if they win your case. Their fee is typically a percentage of the settlement or compensation they recover for you.
This arrangement makes legal support accessible to everyone, regardless of financial circumstances. It also aligns your lawyer’s success with your own, ensuring they are motivated to fight for the best possible outcome.
Don’t hesitate to discuss fees and payment options during your initial consultation. Most lawyers offer free consultations to evaluate your case and explain how they can help, so you can move forward with confidence and peace of mind.
No one plans for an accident, and no one expects to face this kind of hardship. But if you’re here reading this, it means you’re ready to take that first step toward healing and finding answers. Remember, your choice not to wear a helmet doesn’t erase the pain and suffering you’ve experienced or the responsibility of others who may have caused the crash.
At Legal Fighters, our Glendale personal injury lawyers understand how difficult the aftermath of a motorcycle accident can be, especially when there are complex factors involved. We’ve helped countless individuals in Glendale, California, and the greater Los Angeles area find justice and secure the compensation they deserve.
You don’t have to go through this alone. If you or a loved one were injured and have questions about your rights, contact us today at (800) 210-0000 or through our online form for a free, no-obligation consultation. Let’s discuss your case and options for financial recovery.
