Spring is upon us and more and more people are taking their motorcycles for a weekend ride. People who drive motorcycles are a bit different than the rest of us. They don’t mind taking risks. They also like to feel the wind at their back as they cruise the highways in Georgia. But just because they like to takes risks doesn’t mean they expect to get into an accident. Motorcycle accidents are just that – accidents.
Despite what a lot of people think, bikers aren’t reckless people. A lot of motorists complain that motorcycle riders drive too fast and like to weave in and out of traffic. But for the most part, they follow the traffic laws just like everybody else. They certainly don’t deserve to get into a crash. But if they do end up involved in a motorcycle accident, the only thing they have to protect them is a plastic helmet.
The choice of whether or not to wear a helmet is, ultimately, up to the individual. Yes, every state has laws about whether or not you need a helmet. But nobody can force you to wear one. The law in Georgia does, in fact, require you to wear a helmet. This means that, if you don’t have one on and get into an accident, you’ll suffer the consequences. The defendant will claim that your claim should be dismissed because you violated the law. They’ll also argue that you didn’t mitigate your damages. This is why it’s important that you hire an experienced motorcycle accident lawyer in Macon, Georgia right away.
How Does Comparative Negligence Affect Your Case?
Georgia follows what is called the comparative negligence rule. This means that, as long as you’re less than 50% at fault, you can still collect damages for your motorcycle accident. However, it also means your claim will be reduced by your percentage of fault. If you aren’t wearing a helmet at the time of your crash, you may be found partially at fault. This could be as low as 20% or as high as 40%. Whatever the percentage is, this amount will be deducted from your total damages. So, if your case was worth $100,000, and you’re found to be 20% at fault, your case will be reduced by $20,000. And, if you’re found to be 50% at fault or higher, you get nothing. Your case will be dismissed.
You May Be Found to Be Partially at Fault
If you get into a motorcycle crash and aren’t wearing your helmet, you could suffer terrible injuries. People who don’t wear their helmet tend to suffer head, neck and brain injuries. You could suffer a traumatic brain injury. You may also suffer a spinal cord injury. Either way, you could end up permanently disabled. You could also find yourself partially or totally paralyzed. If this is the case, you’re going to have a hard time working again.
The problem is, the defendant is not going to want to pay you damages. They’ll claim that, if you were wearing your helmet like you were supposed to, you wouldn’t have gotten hurt. Sure, you may have still suffered broken bones, but there’s no telling what would have happened if you had been wearing your helmet. And since the laws in Georgia require you to wear a helmet, you will be partially at fault for not wearing one.
Contact a Skilled Motorcycle Accident Attorney in Macon, Georgia Right Away
If you’re involved in a motorcycle accident in Georgia, you should call a skilled accident injury law firm in Macon. They’ve handled dozens of cases just like yours. They also know the helmet laws in Georgia. They understand that both you and your passenger are legally required to wear a helmet. If you don’t do this, it can affect your personal injury lawsuit. While your attorney will do their best to get you the money you deserve, know that not wearing your helmet will impact your claim.
Call today and schedule your initial consultation. The defendant is surely going to have a lawyer working for them. You need to have one by your side too. There’s too much at risk to try to handle this yourself. You’re going to suffer some pretty serious injuries if you get into a motorcycle accident. You’ll need to focus on recovering from your injuries. Let your attorney handle the legal side of things. The consultation is free and you pay nothing until you settle your case.
