Georgia has a motorcycle helmet law. Per O.C.G.A. § 40-6-315, both motorcycle operators and passengers are required to wear helmets. This law does not pertain to operators of agricultural equipment or vehicles with enclosed protective barriers.
Additionally, to act in accordance with this law, motorists must wear helmets that are approved by the commissioner of public safety. If you were wearing a baseball helmet instead of a motorcycle helmet, you would be considered in violation of the law.
Motorcycle Helmets Protect Motorists from Harm
According to the Association for the Advancement of Automotive Medicine, motorcycle accidents frequently result in severe injuries or death. Head injuries are among some of the most common types of impairments that result from these situations.
If a motorist fails to wear a helmet and they are injured in a crash, they could suffer:
- A traumatic brain injury
- Skull fractures
- The loss of a sense, like sight
- Neck injuries
- Spinal cord damage
If a motorcyclist is ejected from their bike upon impact, they could also suffer road rash. By wearing a helmet, they can prevent road rash from scarring or disfiguring their face.
For a free legal consultation, call 404-214-2001
There Are Penalties for Failing to Wear a Helmet in Georgia
In addition to putting yourself at risk of suffering a serious injury, failing to wear an approved helmet could come with its own set of consequences.
If you are pulled over and ticketed by a law enforcement official, you could face:
- A $1,000 fine
- A misdemeanor charge
- Mandatory community service
Additionally, if you were hurt in a motorcycle crash and were not wearing a helmet at the time, you could experience complications getting the money you need from the other driver.
They could argue that you made your injuries worse because you were not wearing a helmet, and they should not have to pay for your injuries.
Georgia Motorcycle Accident Cases Are Subject to Contributory Negligence Laws
Determining fault for your accident may not be as straightforward as you would hope. This could especially be the case if you were injured in a motorcycle accident and you were not wearing a helmet.
Per O.C.G.A. § 51-12-33, if you were at fault in any capacity for the accident, your portion of fault will negatively affect the amount of money you can get.
After filing your insurance claim, the other party and the claims adjuster may argue that:
- You caused the accident.
- By not wearing a helmet, you exacerbated your condition.
- You did not uphold your duty of care by operating your vehicle safely.
- They should not have to be held accountable for the full extent of your losses.
While recovering from your injuries, these allegations could be difficult to fight. As your medical bills start to pile up, the claims adjuster may prevent you from getting the money you need.
However, when you partner with an Atlanta personal injury lawyer from our team, we can build your case and fight against any tactics that attempt to derail your case.
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How Our Team Can Protect Your Right to Fair Compensation
If you were injured in a motorcycle accident and you were not wearing a helmet, you could still pursue compensation for your damages. To build your case, our team can consult with:
An Accident Reconstruction Specialist
These experts use a combination of computer simulators, engineering, and physics to recreate collisions. They may also make use of 3D models. By working with these professionals, our goal is to prove that even if you were wearing a helmet, you still would have suffered serious injuries in the crash.
When recreating your collision, an accident reconstruction specialist will take into account:
- The weight and speed of the involved vehicles
- The direction in which both vehicles were traveling
- Any traffic signals
- The layout of the street
- Extenuating factors, like poor weather conditions
They may also review traffic camera footage and the police report to learn more about your situation.
To prove that your own negligence did not cause your injuries, we may consult with your healthcare team to learn more about your situation. They might even review the findings from your accident reconstruction specialist to learn more about the nature of your condition.
Using x-rays, your medical records, and the results of physical examinations, we hope to prove that the other party caused your injuries and should pay for your medical treatment.
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Call Kaine Law to Begin Your Motorcycle Accident Case
Kaine Law has offices in Atlanta, Conyers, Lawrenceville, and Stockbridge. While Georgia does have a motorcycle helmet law, this in and of itself may not affect your case for compensation.
Allow us to help you seek awards to pay for your medical bills, lost income, and pain and suffering. Learn more about our legal services by dialing (404) 214-2001.