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

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