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I Wasn’t Wearing a Helmet. Do I Still Have A Case?

If you find yourself in a motorcycle accident that wasn’t your fault, but you were riding without a helmet, you may still have a case against the other driver. Failing to wear a helmet does not make the accident automatically your fault, nor does it prevent you from bringing a claim against the other driver. Because of Nevada’s helmet laws, it could make your case more difficult, but having a good attorney, like those at Adam S. Kutner Accident & Injury Attorneys, can improve your chances.

Who Is at Fault in My Accident?

Nevada follows the comparative fault rule, meaning that even when someone is found to be partially at fault in an accident, they can still recover some compensation for their losses in a personal injury case. Their amount of the recovery is simply reduced by the percentage they are found to be responsible.

For instance, if you are in an accident, but your failure to wear a helmet makes you ten percent responsible for your injuries, then your recovery will be reduced by ten percent. In multiple vehicle accidents, fault and recovery can be spread out over many drivers and even other causes. If the road was icy or damaged, for instance, fault could be apportioned to the city for failure to maintain the road.

In some cases, your insurance policy may contain a clause which invalidates your coverage if you fail to wear a helmet. If you ride a motorcycle and do not want to wear your helmet, you should review your policy carefully to be sure that it is worth it. Your passenger, if any, is also included in your policy, and their failure to wear a helmet could also impact your policy.

Failing to wear a helmet will not by itself cause you to be held to be at fault for your accident, however. You always have the ability to claim you were not at fault for your accident.

How Can I Make My Case?

If you were not wearing a helmet, you will need the services of a skilled attorney like those at Adam S. Kutner Accident & Injury Attorneys who know the rules and laws governing Nevada’s helmet regulations. There are specific things you will need to prove if you want to win your case against the other driver.

  • You were obeying all other traffic laws. You will need to show that you were not speeding, that you were riding inside your lane, and you were following the rules of the road. This is where you need witnesses to vouch for your driving habits.
  • You were not lane splitting. Nevada does not allow lane splitting (riding between lanes of traffic) as some states, such as California, do.
  • Your motorcycle was fully maintained and in good working order. You should be able to claim that all the lights were visible and your signals were working. You will need your maintenance records and proof that all reflectors and other items were in place before the accident.
  • Your passenger (if any) was wearing all necessary safety equipment and did not distract you in any way while you were riding.
  • There were other factors that contributed to the accident, such as road conditions, lighting or weather conditions, or debris in the roadway.

The goal of making your case is to demonstrate that even though you were not wearing a helmet, you were doing everything else right and should not be held responsible for the accident.

How Can An Attorney Help?

By retaining a skilled attorney, like those at Adam S. Kutner Accident & Injury Attorneys, you can maximize your chances of a good financial recovery in your case. Your attorney will know how to show that your fault was minimal in the accident, and find the best ways to show that the other driver was at fault.

Whether or not you were wearing a helmet, you are entitled to compensation for all your injuries and accident-related losses, including,

  • Medical expenses
  • Lost wages and loss of employment
  • Property damage
  • Non-economic damages, including pain and suffering, mental distress, and loss of consortium

Your attorney will be able to guide you through all the steps needed to prove your claim and help you get the compensation you need and deserve for your accident. Our attorneys know the best ways to obtain the information from other riders, drivers, and their insurance companies to help you win your case.

Contact Us

Call the Adam S. Kutner Accident & Injury Attorneys Las Vegas motorcycle accident lawyers today at (702) 382-0000 or contact us online to arrange a free confidential consultation to discuss your case. Your time is limited, so don’t delay. Our consultants are standing by for your call.