If you operate a motorcycle in Sacramento or anywhere else, you surely know a helmet is more than just a good idea. It is a legal requirement that, if ignored, could result in a fine that impacts your bank account at best, and endangers your life at worst if you suffer head trauma. We represent countless motorcyclists each year, and head injuries are by far the most common injury they face.
What people don’t understand is that even if you were wearing a helmet, the negligent driver’s insurance company may still make accusations of negligence for wearing a non-compliant or defective helmet, thus putting the amount of your compensation in jeopardy.
Learn more about our Sacramento Motorcycle Accident Attorney Services.
California Vehicle Code and Federal Safety Standards for Motorcycle Helmets
California Vehicle Code § 27803 states, “A driver and any passenger shall wear a safety helmet meeting requirements established pursuant to Section 27802 when riding on a motorcycle, motor-driven cycle, or motorized bicycle.”
Simply put, it is unlawful not to wear an approved helmet that meets federal safety standards.
30+ Years of Representing Injured Motorcyclists in Sacramento
Where the aftermath of a motorcycle accident gets tricky is the legal complication that is introduced when a head injury does occur. It goes something like this: The at-fault driver’s insurance company, instead of focusing on their client’s negligence, will try to chip away at your compensation by claiming negligence on your part. They may try to do this based on the type of helmet you wore. And if you weren’t wearing a helmet? You can expect they will turn the tables on you even more aggressively and point to your negligence as a significant cause of the severity of your injuries. The result of this legal maneuvering could be a drastic reduction in your compensation.
If you have suffered a head injury in a motorcycle crash, whether on I-5 through Downtown Sacramento, the Highway 50 corridor, Garden Highway, or anywhere else in the Sacramento region, securing a local attorney with specific legal expertise in fighting insurance tactics related to motorcycle helmets is essential.
If you are ready to consult with a lawyer for free, call our office at (916) 438-1819 to schedule.
How Comparative Negligence Can Work Against You
In California, comparative negligence laws mean that both parties in an accident can share fault. A simple example: Driver A glides through a red light on Fulton Avenue and hits Driver B at Morse Avenue. Driver B happened to be speeding. If the total damages are $100,000, and Driver B (the injured party) is found to bear 20% of the responsibility, their awarded compensation is reduced by 20%, or $20,000. Driver B would receive a final settlement of $80,000.
In a motorcycle accident involving a head injury, the insurance company or attorney for the at-fault driver has one primary goal: to argue that your failure to wear a helmet, or your use of a non-compliant helmet, shows negligence. You can bet they will work hard to make sure the comparative negligence amount assigned to you, the injured party, is as high as possible.
If your case goes to trial and they convince a jury you were 20% responsible for your TBI because of the type of helmet you wore, your $500,000 claim will be instantly reduced to $400,000.
The bottom line: You need an experienced motorcycle accident attorney who understands that a targeted, evidence-based approach is key and knows how to push back—hard.
Proving Damages: Proper Evidence is Essential
Proper medical evidence starts with the correct type of medical attention. Standard X-rays don’t always show the extent of a brain injury; additionally, symptoms are often subtle, come and go, or take time to develop and become apparent. Our motorcycle accident attorneys will advise that you get immediate, specialized care, including a comprehensive evaluation that involves CT scans, MRIs, and cognitive testing. This is important because it shows the full extent and possibly lasting effects of your head injury.
Expert Witnesses Become Mandatory
Remember, the opposing attorney may try to minimize your injury. Our motorcycle attorneys will call upon accident reconstructionists or other specialists who can attest to the fact that your injuries would have been just as severe if you had been wearing a different type of helmet. For example, a high-impact from the side (T-bone) causing severe whiplash and a resulting traumatic brain injury (TBI) would have likely happened regardless of the type of helmet.
How the Impact on Daily Life is Factored In
Sometimes, especially in TBI cases, statements from family, co-workers, or friends can be the most impactful when it comes to determining damages. If those close to you report significant changes in your motivation for simple tasks, response time in conversations, personality shifts, or other negative cognitive changes, it can be highly beneficial to your claim. Our attorneys will conduct a thorough investigation that includes statements from all relevant parties who can speak to the impact of your injury on your daily life and relationships.
Motorcycle Attorneys Who Win Complicated Cases
Our motorcycle attorneys are highly skilled at separating the cause of an accident from the damages. They will work tirelessly to minimize your percentage of comparative fault so that you walk away with the maximum possible compensation. If you have a brain injury, even a mild TBI, you may be looking at a lifetime of consequences, including lost earnings.
You Can Afford An Experienced and Skilled Motorcycle Accident Attorney
The motorcycle attorneys at Eason & Tambornini offer a free, no-risk consultation and case review. With over 30 years of experience supporting motorcycle accident victims, you can rest assured you have the strongest chance possible of recovering maximum and fair compensation. If we take your case, you pay nothing unless you win.
Call (916) 438-1819 to schedule a free case review.