In the event that you encounter a negligent driver and are involved in a crash while riding your motorcycle, wearing the right protective headgear could mean the difference between life and death. Understanding and complying with Roswell motorcycle helmet laws can help mitigate the effects of a collision and even improve your chances of obtaining compensation in a subsequent civil lawsuit. If you endured serious injuries in a recent motorcycle wreck, consider contacting an experienced attorney to learn more about your options for pursuing financial recovery.
Consequences of Failing to Wear a Helmet
Helmets are one of the few protections that motorcycle riders have from the impact of an accident with a motor vehicle. If a serious crash occurs and the rider is not wearing a helmet, their injuries may be catastrophic or even deadly.
Failing to wear a helmet while riding a motorcycle in Roswell could leave a biker vulnerable to severe head trauma, spinal cord injuries, road rash, burns, contusions, and paralysis. Internal bleeding, organ injuries, nerve damage, lacerations, and concussions are also commonly associated with severe motorcycle crashes.
Roswell Laws Concerning Motorcycle Helmet Usage
According to Official Code of Georgia Annotated §40-6-315, no motorcycle rider is permitted to use their bike without wearing a helmet that meets the guidelines defined by the state’s Commissioner of Public Safety. Furthermore, the law requires riders to wear helmets with some form of eye protection approved by the Commissioner of Public Safety or a visor.
A Roswell motorcyclist who is not wearing a helmet at the time of a crash would be in violation of these laws and may see their claim for compensation against the at-fault motorist limited by the courts. Under O.C.G.A. §51-12-33, when an injured claimant is partially to blame for their injuries, their recoverable damages may be diminished according to the percentage of liability assigned to them.
As long as the injured rider is less than 50 percent liable for their motorcycle accident, they may be eligible to collect compensation. However, an assignment of fault of 50 percent or more would bar them from recovering any damages whatsoever.
For example, if the court finds that the motorcyclist was not wearing a helmet when the collision occurred, a judge may assign 20 percent liability to them. Under these circumstances, the plaintiff would only be entitled to 80 percent of their compensatory award.
When to File a Motorcycle Wreck Claim in Roswell
An injured motorcycle rider who wishes to file a claim against the at-fault party has two years from the date of the accident to do so, according to O.C.G.A. §9-3-33. Any claim filed after the two-year filing deadline has passed would be dismissed by the court, with some exceptions.
Speak with an Attorney to Learn More About Motorcycle Helmet Laws in Roswell
Asking an attorney about Roswell motorcycle helmet laws can help you understand your legal rights after a crash. If you were recently hurt in a motorcycle wreck, a lawyer from our firm could review your specific circumstances and determine who may be liable for your damages. Contact a Roswell attorney today to schedule your initial case review.