March 06, 2021

Can I Sue for a Motorcycle Accident if I Wasn’t Wearing a Helmet?

If you’re hurt in a motorcycle accident, you may face a little trouble if you weren’t wearing a helmet. But you still need compensation for your injuries. Luckily, the lawyers at the Law Offices of Gary S. Greenberg can help. Reach out to our motorcycle accident attorneys when you’re hurt in a motorcycle accident and are struggling to get compensated for your injuries. 

Wisconsin Helmet Laws 

Helmets can help you avoid some serious injuries, especially brain trauma and spinal cord injuries. But just because this safety gear can save lives doesn’t mean helmet laws are universal. 

In Wisconsin, only riders under eighteen or those with a permit, not a license, are required to wear a helmet. If you’re over eighteen, you may not be required to wear a helmet. That means you weren’t breaking the law if you were riding without a helmet under these conditions. 

Your Compensation May Be Impacted 

Unfortunately, these details may not protect your compensation from being reduced. The at-fault party may claim that your injuries wouldn’t have been so serious if you had been more careful. If you weren’t wearing a helmet, they may say you were responsible for preventing those injuries by wearing your helmet. 

That can reduce your compensation if you’re not careful. Let’s say they claim you were 10 percent at fault for the accident because you didn’t take care to avoid those injuries. That may not seem serious, but receiving only 90 percent of your potential compensation can make it tough to fully recover from your injuries. 

How a Lawyer Can Help You Recover Compensation 

When your funds for recovery are on the line, you may need help getting compensated for your injuries. Luckily, a lawyer can help you defend your claim. Your lawyer may focus on the fact that you were driving safely, for example—watching the road, signaling lane changes, and always looking at the road—while the other driver may not have been so careful. 

Your lawyer may seek out proof that the at-fault party was careless with your safety. For example, if you were struck by someone in a car, they may have been texting at the time, or maybe they were otherwise distracted. Proving they caused the accident with their carelessness can help you protect your claim and get the maximum compensation you’re entitled to. 

Call a Motorcycle Accident Lawyer for a Strong Defense 

If you weren’t wearing a helmet when your motorcycle accident happened, you may have trouble getting compensated for your motorcycle accident. The at-fault party may try to place all the blame on you for your injuries, and even the insurance company may not be on your side. 

When this happens, your defense may need help, and the Law Offices of Gary S. Greenberg is here to help. Take advantage of a free consultation, where we can show you how we can build a great defense for your claim. Start by calling 414-271-7007 or by completing the online contact form below.