Can You Recover Compensation if You Weren’t Wearing a Helmet in Tennessee?
Although not wearing a helmet will not necessarily bar you from damages, it can significantly reduce the amount of compensation you receive. That’s because Tennessee law requires all motorcycle operators and passengers to wear a DOT-approved helmet. If you suffer injuries but fail to follow the law, you may be found contributorily negligent.
Unfortunately, a reduced settlement check is not the only repercussion of failing to wear a helmet. In Tennessee, riding without a helmet can result in criminal charges, including fines and prison time. If you have been accused of not wearing a helmet, you must speak with our Davidson County motorcycle accident lawyers to safeguard your rights.
The Effect of Not Wearing a Helmet on Accident Compensation
Any driver or passenger riding a motorcycle, motorized bicycle, or scooter in Tennessee must wear a crash helmet that meets federal standards. For riders over 21, the helmet must meet additional safety standards. Not wearing a helmet will always affect the amount of your compensation, but it can certainly reduce it if you suffer an injury or a more severe one because you weren’t wearing a helmet.
For example, traumatic brain injuries are common in motorcycle crashes. However, your chance of suffering a traumatic brain injury, or TBI, is more than double if you ride helmetless. If you suffer a TBI or other injury as a byproduct of not wearing head protection, then insurance will reduce your claim payout based on your degree of fault.
Tennessee’s Comparative Negligence Law
Under Tennessee law, when two or more parties are found responsible for an accident or personal injury, compensation is reduced based on each party’s percentage of fault. If your failure to wear a helmet or to take any other protective measures is determined to add to the severity of your injuries, then your claim will be further decreased. This means that, besides not being adequately compensated for your medical bills, you will not receive the full extent of lost wages and other costs related to your injuries.
What Types of Damages Can I Receive in a Motorcycle Accident?
Motorcycle accident victims may experience financial, physical, and emotional losses, some of which include:
- Past and future lost wages
- Surgeries and treatments
- Prescription costs
- Physical therapy
- Home modifications
- Pain and suffering
- Infliction of emotional distress
- Loss of companionship and society
- Disfigurement and/or scarring
- Permanent disability
Contact Our Davidson County Motorcycle Accident Attorneys
Not all damages apply in every motorcycle accident case, which is why it is essential to work with a motorcycle accident attorney who can assess your case to determine which damages apply in your situation. It can be more challenging to ascertain emotional damages, as they do not have a specific dollar value. Even so, at Raybin & Weissman, we believe that every personal injury victim deserves just compensation, even if damages cannot be easily quantified.
By speaking with a Davidson County motorcycle accident lawyer, you will be able to ensure that you are receiving the entirety of damages owed to you. To schedule your free consultation, contact us online or call (615) 256-6666 today.