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Motorcycle Crash Victims Not Wearing Helmets Could Be Found Partially At Fault for Their Injuries

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If you were in a motorcycle accident that was caused by another driver and you were not wearing your motorcycle helmet, it could affect the amount of compensation you could be entitled to. Missouri law requires you to wear a motorcycle helmet when riding your motorcycle. Because of this, you could be considered partially at fault in causing your injuries if you weren’t following this law. However, the other driver also would have been partially at fault and could still be responsible for paying a portion of your lost wages, medical bills, and emotional trauma.

How Much Compensation You Could Lose If You Weren’t Wearing a Helmet

Missouri follows the comparative negligence doctrine in motorcycle accident cases. This means that a partially-negligent motorcyclist can only recover compensation from the other driver in proportion to the driver’s fault. This means that:

  • If the other driver was at least one percent at fault in causing your accident, you would be entitled to compensation based on his percentage of fault.
  • If you suffered a head injury or other injury that was made worse by not wearing a helmet, your damages would be reduced based on your level of fault.
  • If your injuries were not at all caused by not wearing a helmet—such as if you suffered a back injury, fractures of your hip, leg, or arm, or internal organ damage—you could be entitled to a 100 percent recovery.

It is always safest to wear a helmet because it can reduce serious head injuries, and in Missouri, it’s the law. However, if you weren’t wearing your helmet when a negligent driver caused your injuries, do not let this stop you from seeking the compensation you could be entitled to. Call us at (816) 471-5111 to schedule a free consultation with experienced motorcycle accident attorney James Roswold.

James Roswold
James Roswold is a Kansas & Missouri personal injury, workers comp, and medical malpractice attorney.
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