Yes, you may still be able to sue if you weren’t wearing a helmet during a motorcycle crash, but it can affect the outcome of your case. We understand how stressful this situation can feel, especially if you were injured and worried about how your helmet choice might affect your case.
In many states, including California, failing to wear a helmet does not bar you from recovering damages entirely. Still, it may reduce the amount you can recover under comparative negligence laws. However, compensation for other injuries generally remain unaffected.
The court may consider whether your injuries, particularly head or facial injuries, were worsened by not wearing a helmet and adjust compensation accordingly. However, if another party’s negligence caused the crash, you still have the right to pursue a claim.
Our experienced Los Angeles motorcycle accident lawyers can build a strategy tailored to your specific circumstances.
Understanding California’s Helmet Law
California enforces a universal helmet law, requiring all motorcycle riders and passengers to wear a U.S. Department of Transportation (DOT)-compliant helmet at all times while operating or riding on a motorcycle. California Vehicle Code § 27803 applies regardless of age, experience level, or type of roadway.
The regulation is designed to reduce the severity of injuries in the event of an accident and to promote public safety. Failure to wear a helmet is not only a traffic violation that can result in fines, but it may also affect your ability to recover full compensation in a personal injury claim.
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How California’s Pure Comparative Negligence Law Impacts Your Lawsuit
California follows a pure comparative negligence system, which allows injured parties to recover damages even if they are partially at fault for their injuries. If you were not wearing a helmet at the time of a motorcycle accident, this law is especially relevant.
While you can still file a lawsuit and seek compensation, the court may reduce your recovery based on your percentage of fault. For example, if it’s determined that your decision not to wear a helmet contributed 25% to the severity of your injuries, your compensation would be reduced by that percentage.
Damages You Could Recover After a Motorcycle Accident
Even if you were not wearing a helmet at the time of your motorcycle accident, you may still be entitled to recover a wide range of damages under California law.
While the absence of a helmet may impact the compensation awarded for head or brain injuries due to comparative negligence, it does not automatically bar you from pursuing a personal injury claim.
Potential damages may include:
- Medical expenses: Includes emergency room treatment, ambulance transport, hospitalization, surgeries, prescription medications, physical therapy, chiropractic care, follow-up visits, medical devices (such as braces or wheelchairs), and anticipated future medical costs related to long-term injuries.
- Lost wages: Compensation for income you were unable to earn while recovering from your injuries. This includes time missed from work for medical appointments, hospitalization, or disability leave.
- Loss of earning capacity: If your injuries result in long-term or permanent impairment that limits your ability to work in the same capacity as before the accident, you may be entitled to damages for future income you will no longer be able to earn.
- Pain and suffering: Reflects the physical pain, discomfort, and emotional distress caused by your injuries. This includes anxiety, depression, sleep disturbances, and trauma-related symptoms such as PTSD.
- Property damage: Covers the cost to repair or replace your motorcycle and any personal items damaged in the crash, including riding gear, helmet, electronics, and other valuables.
- Loss of enjoyment of life: Compensation for the loss of ability to engage in activities and hobbies you previously enjoyed, such as sports, travel, or playing with your children.
- Scarring or disfigurement: If the accident left you with permanent scars, burns, or other visible injuries, you may be entitled to compensation for the physical and emotional impact of these changes.
- Loss of consortium: Damages awarded to a spouse or domestic partner for the loss of companionship, affection, or intimacy due to your injuries.
Courts will evaluate the cause of each injury and distribute fault accordingly, allowing recovery for losses not directly related to helmet use. An experienced motorcycle accident attorney will assess the full scope of your damages.
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You Have a Limited Time to File a Motorcycle Accident Lawsuit in California
In California, motorcycle accident victims must act within a specific legal timeframe to preserve their right to seek compensation. The statute of limitations for personal injury claims is generally two years.
If the claim involves a government entity (such as a city or state agency responsible for road maintenance), a formal claim must typically be filed within six months of the incident.
Failing to initiate legal action within the applicable deadline can risk your opportunity to fully recover your losses. Timely action is especially critical in motorcycle accidents, where evidence can quickly deteriorate, and witness memories may fade. A motorcycle accident lawyer can help ensure your claim is filed correctly and within the statutory window.
A Personal Injury Lawyer Can Help You Sue if You Weren’t Wearing a Helmet After a Motorcycle Crash
At Vaziri Law Group, we have over 200 years of combined experience advocating for injury victims. We have recovered over $1 billion for clients, and we continue to win big cases.
Our motorcycle accident attorneys will create a custom-tailored legal strategy around the unique details of your case. Remember, delaying your action could compromise your rights and reduce your ability to recover compensation, so don’t wait to reach out.
Call today to schedule a free initial consultation. You can share with us your experience, and we will tell you more about how we can help get you the compensation you need to rebuild your life.
