How Not Wearing a Motorcycle Helmet Could Hurt Your Insurance Claim

Motorcycles have been steadily growing in popularity in recent years, but due to the experiences of previous motorcycle accident victims, most motorcyclists are very aware of the risks associated with riding a motorcycle on a day-to-day basis. Unfortunately, motorcycle accident fatalities are on the rise. In 2016, for example, there were an estimated 5,286 motorcyclists killed in car accidents in the United States, according to the National Highway Traffic Safety Administration (NHTSA). This represents a 5.1% increase in motorcycle accident fatalities from the previous year. Moreover, the NHTSA estimates that there were 88,000 motorcyclists injured in car accidents nationwide in 2015.

Due the obvious risks motorcyclists take on a daily basis, many state and federal legislatures have enacted strict safety standards that motorcyclists must comply with. The main reason for this shift in the legal landscape is that motorcycle helmets are statistically proven to save lives. According to the NHTSA, an estimated 1,859 lives were saved as a result of motorcycle helmets, and the NHTSA estimates that motorcycle helmet use saved taxpayers $3.4 billion in economic costs. In Georgia, it is illegal for a motorcyclist to operate their vehicle without a helmet and eye protection. However, the safety standards in our state can be confusing, and motorcyclists are often left with questions about how failing to where a helmet can affect their personal injury claim after being involved in an accident. As such, there are a few aspects of Georgia’s motorcycle accident laws that every motorcyclist should be aware of when operating their vehicle.

Motorcycle Helmet Laws in Georgia

Under O.C.G.A. § 40-6-315(a), anyone who is operating a motorcycle in the state of Georgia is required to wear a helmet that complies with the safety standards set by the Commissioner of Public Safety. However, motorcyclists often get confused when trying to determine what the Commissioner of Public Safety standards actually are, and this is due to the fact that the Commissioner of Public Safety has elected to adopt the federal safety standards for motorcycle helmets outlined in 49 C.F.R. §571.218 and enforced by the Federal Department of Transportation (DOT) by passing Rule 570-13-.02. In an effort to clear up any ambiguity, the NHTSA has released an article that outlines some of the requirements that DOT certified helmets must meet some of which are listed below.

• DOT certified helmets will have a sticker on the outside of the back of the helmet with the letters “DOT” to certify that the helmet is DOT compliant
• DOT certified helmets will usually have a label on the inside that lists the manufacturer’s name, model, size, month and year of manufacture, construction materials, and owner’s information

Effects of Not Wearing a Motorcycle Helmet in GA

According to the According to the office of Atlanta car accident lawyers at Cambre & Associates, both drivers can be held responsible for causing an accident or a driver’s injuries under Georgia’s comparative negligence statute, O.C.G.A. § 51-12-33. So, although the at-fault driver’s insurance company cannot deny liability simply on the grounds that you were not wearing a helmet, the at-fault driver can argue that your negligent actions, not wearing a helmet as required by law, caused more than 50% of your injuries, and had it not been for your negligence, you wouldn’t have sustained the majority of your injuries.

If the at-fault driver is successful in proving that not wearing your helmet caused you to be 50% or more responsible for your injuries, you could be prohibited from recovering any damages. If the at-fault driver is successful in proving that you were partially responsible for your injuries but the percentage of fault assigned to you is less than 50%, your award will be reduced by your percentage of fault. Meaning, if you are found to be 20% responsible for your injuries and you are awarded $100,000 in damages, your award will be reduced by 20%, and you will receive $80,000 in damages for your claim. As such, you should always make sure to wear a helmet while driving your motorcycle in Georgia, because the failing to do so can be a costly mistake.

This article does not necessarily reflect the opinions of the editors or management of EconoTimes.