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Can I Recover Damages If I Wasn’t Wearing My Helmet in a Motorcycle Crash?

Man on motorcycle without a helmet.

Understanding Missouri’s Comparative Fault Rule

If you were involved in a Missouri motorcycle crash and were not wearing a helmet, you may still be able to recover damages. However, the compensation you may receive could be limited by the percentage of fault placed on each party involved in the accident under the comparative fault rule. Here’s what you need to know.

Missouri Law Says You Are Required to Wear a Helmet

Most motorcycle riders in Missouri are required by law to wear a helmet while riding, with one exception; operators 26 and older may forgo helmets if they have proof of medical insurance. However, unfortunately, many motorcyclists choose to ignore helmet requirements. While the lack of a helmet may seem like a minor issue in the grand scheme of things, it can have significant implications for those involved in a crash. Read on to learn why.

The Risks to Your Motorcycle Accident Claim

One significant risk associated with not wearing a helmet is that you could be held partially or fully responsible for your own injuries and medical expenses. In Missouri, the comparative fault rule applies to accidents where more than one party is at fault. This means that each party involved in the accident will be assigned a percentage of responsibility for the crash.

For example, suppose you were not wearing a helmet and were involved in a motorcycle crash with another vehicle and sustained a head injury. In that case, the other driver might be determined to be 80% responsible for the accident, while you may be assigned 20% of the blame. In this case, your compensation would be reduced by 20%. The insurance company could argue that wearing a helmet could have reduced the severity of your head injury thus holding you responsible for that portion of the claim.

Getting Legal Help After a Motorcycle Crash

While there are some exceptions to this rule, it is vital to understand how it will impact your legal rights if you are involved in a severemotorcycle accident. If you need legal assistance after being injured in a motorcycle crash, consult with an experiencedpersonal injury lawyer who can help you understand your options and advocate on your behalf. With the right legal representation, you may be able to recover the compensation you deserve under the comparative fault rule. When you need support and guidance throughout the process, you can count on your caring team of lawyers at Meyerkord & Kurth.

Contact us today at (800) 391-4318 to learn your rights.

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