Unlike drivers and passengers in a vehicle, motorcyclists don’t have the protection of airbags, seat belts, and the frame of the vehicle. The riders do have one piece of equipment that can save them from serious injuries—a helmet. Not only can this safety equipment save them from injuries, but it’s also a requirement of state laws.
If a rider isn’t wearing a helmet during an accident, it can have an impact on their personal injury claims. Let’s explore how Washington’s helmet laws affect personal injury claims and what it means for injured motorcyclists and cyclists.
Overview of Washington Helmet Laws and Injury Claims
Washington State has strict helmet laws for motorcyclists. This law is in place to protect riders from head trauma, which is the leading cause of fatalities and serious injuries in the state. Motorcyclists are required to wear a helmet that meets the U.S. Department of Transportation (DOT) standards. These helmets must have proper padding, a sturdy chin strap, and a label confirming compliance with federal safety regulations.
Many motorcyclists make the mistake of not checking if the helmet meets these standards. Not only is this dangerous for them, but it can also have legal and financial consequences. When motorcyclists fail to wear helmets that comply with federal safety standards, they expose themselves to an increased risk of severe injuries and fatalities.
Additionally, in Washington, non-compliance with helmet laws can lead to fines and citations. Beyond the immediate penalties, this lack of adherence may affect personal injury claims in the event of an accident.
Helmet Law’s Impact On Injury Compensation
Motorcyclists who have been injured in an accident have the right to seek compensation from at-fault parties. As the state follows a pure comparative negligence law, even if the motorcyclist is at fault, they can still recover compensation for their losses. This means if the motorcyclist isn’t wearing a helmet, then they could be at fault, at least partially, and as a result, they might not be able to recover full compensation for their losses.
In other words, if these injuries could have been mitigated by wearing a helmet, this could be considered as the rider’s fault, and their financial recovery could be diminished.
The insurance company may argue that some or all of the injuries could have been prevented. Similarly, in a personal injury lawsuit, a judge or jury might consider the lack of helmet use as a contributing factor to the injuries sustained. This could influence their decision regarding the allocation of fault and the amount of compensation granted.
To understand how the payout could work, let’s consider an example where a motorcyclist sustains a head injury in an accident and is awarded $100,000 in damages. However, if the insurance company or the court finds that not wearing a helmet contributed 30% to the severity of their injuries, the final compensation would be reduced to $70,000.
This is why having legal representation is crucial in cases involving helmet laws, as an experienced motorcycle accident attorney can argue against excessive fault being placed on the injured party.
Legal Consequences of Not Wearing a Helmet
The primary legal consequence of not wearing a helmet is that riders may not get full compensation for their losses, however, the compensation can extend beyond that. The victim may have their claim denied, and they might not get any compensation. This is especially possible if the only injuries suffered by the victim were head injuries.
Not wearing a helmet can also complicate the settlement negotiations. The insurance adjusters could use this non-compliance as leverage to offer a lower settlement amount to the riders.
A skilled attorney can use Washington State’s pure negligence system to argue that the victim still deserves compensation, even if they were not wearing a helmet at the time of the accident.
While Washington State has strict helmet laws, if the accident involves injuries that go beyond head trauma, such as spinal cord injuries or broken bones, the attorney can challenge attempts by insurance companies to use helmet non-compliance as a reason to deny or reduce a claim.
Types of Compensation Available In Injury Claims
Motorcycle accident victims can recover compensation for their losses that were a direct result of the accident. However, they do need to provide evidence to support your claim. Not only do they have to prove their damages, but they also have to show how the defendant owed duty of care toward them and that this duty was breached to cause the damage for which they seek compensation.
Economic Damages
The economic damages are tangible financial losses as a result of the accident. One of the most common types of economic damages in motorcycle accident claims is medical expenses, such as emergency medical care required after the accident. If the injuries are severe, the victim may need to get extensive medical treatment, which may include hospital stays, surgeries, and prolonged rest and rehabilitation. The cost of medical care can accumulate to a substantial amount, especially if the victims suffer serious injuries.
Since motorcyclists lack the structural protection of a car, injuries tend to be more severe. Medical costs often make up the largest portion of a motorcycle accident claim. It’s important to keep a record of all your expenses, including doctor visits, hospitalization, medical equipment, and future medical costs that you may need to include in your claim.
In some cases, riders may also need to seek compensation for their lost wages or reduced earning capacity as a result of the injuries. If the injuries result in more long-term or permanent damage, the victims may seek compensation for loss of earning potential.
Motorcycles are often severely damaged or completely totaled in an accident. Compensation for property damage can cover the cost of repairing or replacing the motorcycle, as well as damaged protective gear, such as helmets.
Non-Economic Damages
Unlike economic damages in motorcycle accidents, pain and suffering compensation covers the physical and emotional distress caused by the accident. This type of compensation is subjective and varies based on the severity of injuries. It includes emotional distress, severe anxiety or depression, and loss of enjoyment of life. While physical injuries may appear more serious, the mental health impact of motorcycles can be just as or even more devastating for the victims.
Scarring and disfigurement are also factors in pain and suffering claims. Motorcycle accidents often result in severe road rash, burns, or permanent scars, which can affect a victim’s confidence and mental well-being.
Punitive Damages
Punitive damages are rare in motorcycle accident claims, but they may be awarded in cases involving extreme negligence or reckless behavior. These damages serve as punishment for the at-fault party and are meant to deter similar actions in the future. Cases with punitive damages often involve hit and run, drunk driving, or crashes with aggressive driving or road rage.
How Jacobs and Jacobs Advocates For Injured Riders
If you’re facing hardship due to a motorcycle accident that was someone else’s fault, allow us at Jacobs and Jacobs Personal Injury Law to help you through the process. With years of experience and a proven track record in handling personal injury cases, our dedicated legal team has helped countless clients overcome their legal challenges. We can also help you get justice.
Having one of our experienced personal injury attorneys can make a difference in securing the compensation you receive. Legal representation can help with gathering evidence, negotiating fair settlements, and challenging unfair fault assignments. However, for us to have a major impact on the outcome of your case, we encourage you to get our attorney involved early in the process.
Not only can we provide you guidance on how to handle the aftermath of the motorcycle crash, but we can prevent you from making mistakes that can undermine your case, such as sharing too much information with the insurance company or agreeing to an early settlement offer.
It’s also important to remember that Washington State has a statute of limitations for personal injury claims, which is the maximum time you have to initiate legal action. Generally, the statute of limitations for such cases in Washington is three years from the date of the accident. However, this deadline could be different depending on the type of case.
Schedule Your Free Consultation With Jacobs and Jacobs Personal Injury Law
A motorcycle crash can have a devastating impact on the lives of the victim and their family. The road to recovery can be challenging. Not only do you have to deal with recovering from the injuries, but you may also face financial hardships.
For personal injury legal advice in Washington, contact us to schedule your free consultation with us. This is your first step in ensuring you protect your rights and secure the compensation you deserve for your losses.