Motorcycle Accident Without Safety Gear

Motorcycle accidents can result in serious injuries, and the situation becomes more complicated when the rider isn’t wearing proper safety gear. Our Tulsa, OK motorcycle accident lawyer knows that helmets, jackets, gloves, and other protective equipment are designed to reduce the severity of injuries, but failing to use them doesn’t automatically disqualify you from pursuing a claim after an accident. When you would like to pursue a claim, call our office for a free consultation.

How Safety Gear Affects Your Claim

The absence of safety gear, particularly a helmet, can impact your claim in several ways. First, it might affect the insurance company’s evaluation of your injuries and how much compensation they’re willing to pay. There are many traumatic injuries you could suffer from following a motorcycle accident. For instance, if you weren’t wearing a helmet and suffered a head injury, the insurer may argue that your failure to wear the helmet contributed to the severity of the injury.

This is where the concept of “comparative negligence” often comes into play. In many states, liability for an accident can be divided between the parties involved. If your lack of safety gear is deemed a contributing factor to your injuries, your compensation could be reduced proportionally.

Establishing Fault

One of the most important elements in a motorcycle accident claim is determining who was at fault and it is crucial to look at the motorcycle laws. Not wearing safety gear doesn’t change who caused the accident. If another driver acted negligently—by speeding, running a red light, or failing to yield—they can still be held accountable for the collision.

Our focus would be on proving the other party’s negligence. This involves gathering evidence like witness statements, traffic camera footage, and police reports to show how their actions led to the accident.

Insurance Company Tactics

Insurance companies often look for reasons to minimize payouts, and the absence of safety gear gives them an opening. They might argue that your decision not to wear a helmet or other protective equipment is a sign of recklessness, even if the accident itself wasn’t your fault.

It’s important to push back against these arguments. The fact that you weren’t wearing safety gear doesn’t absolve the other party of their responsibility. They still owe a duty of care to drive safely and avoid causing harm to others.

Steps To Strengthen Your Claim

After any motorcycle accident, taking the right steps can make a big difference in the outcome of your claim. Seek medical attention immediately, even if you don’t think your injuries are severe. Medical records are a key part of documenting the harm you’ve suffered.

Collect as much evidence as possible from the accident scene. Photos of the vehicles, road conditions, and any visible injuries can help support your claim. If there are witnesses, ask for their contact information so their statements can be included later.

Let Our Firm Help You

At Wandres Law, PC, we understand how insurance companies operate and the challenges that can arise in motorcycle accident cases, especially when safety gear wasn’t used. If you’ve been injured, you still have the right to seek fair compensation for your medical bills, lost wages, and other damages. We have been awarded the National Trial Lawyers Top 100 and we are focused on each of our clients. Let’s discuss your situation and find the best way forward to protect your interests and get you the support you deserve.