Motorcyclists can be seriously injured through no fault of their own when other vehicle drivers don’t notice them or behave carelessly. One question an injured person may want to ask a Motorcycle Accident Attorney in Tampa is whether not wearing a helmet can have negative consequences for the case. State law requires all operators and passengers of motorcycles to be wearing a helmet while on the road.
The Conflict
A Motorcycle Accident Attorney in Tampa views the case in straightforward legal terms. The person may not have been wearing a helmet, but that does not mean he or she had anything to do with causing the accident.
The insurance company may have no problem with paying for injuries not related to the absence of a helmet. However, the representatives may expect to pay less in regard to head or face injuries because the helmet would have prevented the severity. In states where the law does not require wearing a helmet, the insurer does not have as much legal ground in this conclusion.
Legal Negligence and Settlement Offers
The problem for the plaintiff is that he or she may be considered legally negligent to a certain extent, even if the accident was caused by someone else. Settlement offers commonly are based on what might happen in court if the attorney were to file a lawsuit. A jury may find in favor of the plaintiff because the driver of a car turned in front of the motorcycle on a highway, but the law requires a reduction in the monetary award if the motorcyclist was at all responsible for the injuries that occurred.
The Bottom Line
The bottom line is that even if the motorcyclist or passenger were not wearing a helmet, they still should be able to receive compensation when someone else causes a crash. Most personal injury cases are settled out of court, but if the insurer is uncooperative, the lawyer will file a lawsuit. The lawyer will prepare court documents, conduct research and get ready for trial. Visit Winters & Yonker, P.A. and schedule a free initial consultation.
