You might not think about it unless it happens to you, but motorcycle accidents can be complex and dangerous situations. It cannot be overstated how important it is to wear a helmet and other protective gear when riding a motorcycle alone or with a passenger.
Personal protective gear ensures the first level of safety and protection, and in Nevada, the wearing of safety gear is legally required. Every motorcycle owner and his or her passenger must wear a helmet that meets the criteria set by the Department of Transportation. Such safety measures can save lives and prevent deaths on the road. Unfortunately, motorcycle accidents produce claims at various levels of injury compensation, especially liability.
Nevada’s Motorcycle Helmet Law
According to Nevada state law, the use of helmets on motorcycles is regulated by the NRS § 486.231 statute. This statute provides that all motorcycle operators and their passengers must wear a DOT-approved helmet that is securely fastened when riding on public roads. The helmets must be properly secured and meet the approved safety standards set by the USDOT. It should be noted that if the motorcycle does not have a windshield, protective eyewear or a face shield must accompany the helmet while riding for maximum safety.
Comparative Negligence and the Impact on Your Motorcycle Accident Claim
Comparative negligence is a crucial aspect of personal injury lawsuits, including those involving motorcycle accidents in Nevada. This is due to the modified comparative negligence rule, where you can be awarded compensation despite being partly responsible for the accident, although your compensation will be reduced based on your level of responsibility. This means that if you are not wearing a helmet during an accident, and this is noticed by the other party or their insurance company, for example, it may be suggested that you could have reduced the severity of your injury if you had been wearing a helmet. However, under Nevada law, you can still recover compensation as long as you are less than 51% at fault for the accident in question.
The Role of Helmet Use in Severity of Injury Claims
The choice to wear a helmet can make a tremendous difference when it comes to the severity of injuries, especially when it involves head and brain injuries. Riders who skip wearing a helmet are at a higher risk of facing more serious injuries if they crash. Plus, not wearing a helmet can complicate legal claims, if it is argued that a helmet could have lessened the injuries. Still, the main focus should be on what caused the accident and whether the other party's negligence played a significant role in the crash.
How Helmet Laws Affect Insurance Claims
Insurance firms in Nevada are conscious of the helmet requirements in the state. They might use this knowledge in order to lower your settlement. If you did not use a helmet, they might say that you were more seriously injured because of the choice you made. They would even go the extra mile to lower your settlement or not cover certain expenses, especially those related to the head injury. Even if you were wearing a helmet, an insurance company may try to downplay the severity of your injuries anyway. That does not eliminate your right to fair compensation when the other party was at fault. Regardless, failure to wear a helmet does not prove fault in a crash, however it may contribute to reduced damages based on the injuries and complications that may arise in the claim process.
Steps to Take if You’re Injured Without Wearing a Helmet
If you have been involved in a motorcycle accident where you did not wear a helmet, what you do immediately afterward can significantly affect your chances of recovering damages.
First, if you are well enough, take some photos of the scene of the accident—the position of the vehicles, any skid marks, or road hazards. If this is not possible due to your injuries, ask a bystander to do it for you, or wait for the police to arrive and produce a thorough report. This evidence is crucial to establish that the negligence of the other driver—not your failure to wear a helmet—was the cause of the accident.
Next, see a doctor immediately, even if you feel fine at the moment. This establishes a paper trail between your accident and any injuries you may have sustained. Also, do not admit fault and discuss your situation with insurance adjusters, regardless of whether you wore a helmet; they may use such statements against you.
Finally, contact a skilled personal injury attorney able to protect you from "contributory negligence" arguments. They will ensure that the liability of the other party remains in focus to help you receive the maximum compensation you deserve for medical bills and lost wages, even if you did not wear a helmet.
Understand How Helmet Laws Affect Motorcycle Injury Claims in Nevada
Helmet laws and regulations in Nevada are important considerations pertaining to motorcycle injuries and insurance claims, especially with regard to head or brain damage. As helmets are DOT-approved and mandatory for all riders and passengers of motorcycles in Nevada, insurance or defense attorneys may believe that failure to wear one may have contributed to damages resulting from injuries. Wearing helmets doesn't automatically fix liability or deny the party seeking compensation. Under Nevada’s modified comparative negligence rule, a plaintiff or plaintiff’s party may still be entitled to compensation unless they are more than 50% at fault. However, if the unthinkable happens and you experience a motorcycle accident, wearing a helmet may just save your life.
Endnotes
- Nevada Revised Statutes. “Motorcycle Helmet Law.” 2023. ↩
- Insurance Information Institute. “The Impact of Motorcycle Helmet Laws on Injury Claims.” 2022. ↩
- Nevada Department of Transportation. “Motorcycle Safety and Helmet Requirements.” 2023. ↩