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Failure to Wear a Helmet in a Motorcycle Accident

Tennessee law requires every motorcycle operator and passenger to wear an approved helmet.  The violation of this law is negligence per se. That means that if you are riding on a motorcycle without a helmet you are negligent as a matter of law.

If you are operating a motorcycle without a helmet and you are in a wreck with another driver, the other driver can hardly claim your failure to wear a helmet had something to do with the wreck. The lack of a helmet does not cause a wreck.  But, they can argue your failure to wear a helmet increased the severity of your injuries especially if you sustained head, face or neck injuries. A jury hearing the case will be told about the failure to wear a helmet if there is any evidence from which the jury could reasonably conclude that the failure to wear helmet caused or worsened the injuries.

Thus, in the event a claim is made or a lawsuit is filed after a motorcycle crash where the operator or the passenger was not wearing a helmet, it may be necessary to employ the services of doctors and perhaps even biomechanical engineers to understand whether the failure to wear a helmet made any difference in either the nature or extent of the injuries.

It makes good sense to wear a helmet while riding a motorcycle. Not only is it required by law, but a helmet may save your life or prevent you from suffering a horrible injury in the event of a crash. And, if you happen to be in a crash, the fact that you are wearing a helmet will save a significant amount of expense and worry connected with resolving any claim arising from the accident.

If you are hurt in a motorcycle wreck, the experienced motorcycle accident attorneys at the Law Offices of John Day, P.C. will meet with you at no charge and discuss your potential case.  We only get paid if we recover money for you and we advance all case expenses so you are never out of pocket any money to pursue your motorcycle accident case.  Contact us online or call us anytime of day at 615-742-4880 or toll-free at 866.812.8787

Client Reviews
Everything was great. You guys are a great representative. I was satisfied with everything. Truly appreciate John Day and his hard-working staff. Jamar Gibson
We thought that you did an excellent job in representing us in our lawsuit. We would recommend you to anyone. Mitch Deese
The Law Offices of John Day, P.C. is, without a doubt, the best in Nashville! They treated me with the utmost respect and tended to my every need. No question went unanswered. I was always kept informed of every step in the process. I received phenomenal results; I couldn't ask for more. I would definitely hire The Law Offices of John Day, P.C. again. Anthony Santiago
I would definitely recommend to anyone to hire John Day's law firm because everyone was helpful, made everything clear and got the job done. I am satisfied with how my case was handled. June Keomahavong
It's been a long battle but this firm has been very efficient and has done a remarkable job for me! I highly recommend them to anyone needing legal assistance. Everyone has always been very kind and kept me informed of all actions promptly. Linda Bush
I had a great experience with the Law Offices of John Day. The staff was very accommodating, and my phone calls/emails were always responded to in a timely manner. They made the entire process very easy and stress-free for me, and I had confidence that my case was in good hands. I am very happy with the results, and I highly recommend! Casey Hutchinson