The mountain roads and diverse scenery of Georgia makes it ideal for motorcycle riding. However, your bike rides come with strict adherence to the state’s universal helmet law.
Wearing a helmet is not just a legal responsibility, it is also a critical factor in your ability to pursue compensation if you get into an accident.
The specifics of the state helmet law
In Georgia, all riders and passengers need to wear protective headgear when operating or riding a motorcycle. Additionally, your helmet must meet the Commissioner of Public Safety’s set standards and the Department of Transportation (DOT). Eyewear like goggles or a face shield are also required if the motor bike is not equipped with a windshield.
How helmet use can impact your damages
In Georgia, motorcycle accident claims follow a modified comparative negligence rule. If you are 50% or more responsible for your injuries, you cannot recover damages.
Moreover, insurance companies often argue that while you did not cause the crash, failing to wear a helmet caused or worsened your head or neck injuries. If a jury decides you were 20% negligent for forgoing protective headgear, you may only receive 80% of your total compensation.
What if your injuries are somewhere else?
While not wearing a helmet can affect your claim, it does not automatically bar you from filing one at all. If you suffered injuries to your legs or pelvis, a helmet would not have kept you out of harm’s way.
Whether you were wearing a helmet or not generally has no impact on your damages in this situation. Instead, your compiled medical records can be the vital evidence that links your lower body injuries to the accident.
Protecting your injury claim
When helmet use becomes a factor in determining fault and pursuing compensation in an accident, building a strong case becomes essential. Seeking legal guidance can help you maximize your potential recovery so you can move forward after the crash.