I was injured in a Louisiana motorcycle accident, but I wasn’t wearing a helmet. Can I still recover damages from the other driver?
If you were injured in a Louisiana motorcycle accident, but were not wearing a helmet, you can most likely still receive compensation because of the other driver’s negligence. However, if your failure to wear a helmet contributed to the severity of your injuries, it may affect the amount of damages you can receive.
Comparative negligence is measured as the percentage of fault for which you are liable for your accident. This percentage of responsibility will then be deducted from the amount of your award. Louisiana currently has a law requiring all motorcycle riders to wear helmets. If you are in a Louisiana motorcycle accident and were not wearing a helmet at the time, this proves you participated in comparative negligence for any head injuries you sustained, and this will impact your ability to seek compensation for this type of injury.
It is important to note however, that you may still be able to collect compensation for other types of injuries that you sustained in the crash (even without a helmet), dependent, of course, upon your level of comparative negligence in the accident overall.
What should I do if I am involved in a Louisiana motorcycle accident?
If you are in a Louisiana motorcycle accident, you should seek medical attention, gather evidence from the scene of the accident, and contact a personal injury attorney. Take photographs of the damages if you can, and get copies of any police reports as well as the contact information for the other driver and any witnesses.
When the police take your statement you should say as little as possible. Any admissions of fault can be used as evidence against you in a personal injury claim.
The New Orleans personal injury lawyers at The Law Offices of J. Price McNamara can look at the evidence from your motorcycle accident, determine liability and help you file your Louisiana personal injury claim. Contact us today to set up a free consultation of your case – (866) 617-6298.