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Scott McDonald and Associates PLLC

I was in a motorcycle accident but wasn't wearing my helmet, do I still have a case?

Failing to wear your helmet may or may not make a difference. If your decision to not wear a helmet did not cause or aggravate your motorcycle accident related injuries, you can still make an injury claim.  Whether you are able to obtain the maximum compensation for your injuries because you wore a helmet or not depends on the type of injuries suffered in your Washington motorcycle accident.

In Washington you are required to wear a helmet.  So if you suffer a only a head injury in the bike wreck then you may not have a case.  It depends on whether a helmet would have prevented the head injury you suffered.  However, if you weren't wearing a helmet and suffered injuries to other parts of your body, like a broken arm or leg, then the fact that you were not wearing a helmet will generally have little effect on your ability to make your case.  That's not to say the insurance company won't use it as an argument against you and a jury may hold it against you if you end up going to trial.  

Your case will have a problem to overcome either way.  That's why it's important in situations like this to speak with an experienced attorney as soon after the bike crash as possible.  Your attorney will assess the situation and discuss all of your legal options with you.