It’s very likely that you can still make successful claims against a negligent or reckless driver, even if you weren’t wearing a helmet during a motorcycle accident in New Orleans.
While Louisiana does require that a helmet be worn when operating a motorcycle, its absence doesn’t negate the role the other driver played in causing the events in question.
Where a lack of helmet can matter is in evaluating the size of an award you may win for medical expenses.
Louisiana injury law relies on a concept called “comparative negligence.” Comparative negligence requires that the jury in a motorcycle accident case determine the relative degree to which each party was at fault in the incident, and those percentages establish the size of an award.
For instance, if you make a claim to recover for costs associated with a head injury sustained while not wearing a helmet and being involved in an accident, the jury may find that you share substantial, or even a majority, of the responsibility for those injuries.
That doesn’t mean you’re out of luck.
As a motorcycle accident injury victim, you’re eligible to collect for a variety of losses, including lost wages, medical expenses, property repair or replacement, pain and suffering, and future medical costs.
It’s vital that you contact an experienced New Orleans motorcycle accident attorney to review your case and help you get the largest damage award possible.
The Gertler Law Firm has been helping clients recover from injuries for 30 years in New Orleans. Call 504-581-6411 today and talk to a lawyer for free.