The type of helmet you wear can make a big difference if you are in an accident in Atlanta, Georgia. Your safety gear is tied to how much compensation you may receive or if you will receive any. Some people choose non-standard helmets for style or comfort, but these can cause legal problems after an accident.
Atlanta has heavy traffic on its roads, which increases the risk of accidents for motorcyclists, bicyclists, and even pedestrians. Several factors are considered when you get into an accident. These include negligence, shared fault, and reasonable safety precautions. Wearing a non-standard helmet can raise questions about whether the rider acted responsibly.
For example, if you get a head injury while wearing a non-approved helmet, the insurance company and the other party may argue that it was your fault. This could make it harder to get full compensation. Dealing with such claims alone can be complicated. Talk to a Motorcycle lawyer in Atlanta today.
What are non-standard helmets?
Non-standard helmets are motorcycle helmets that do not meet the safety standards set by recognized authorities like the U.S. Department of Transportation (DOT), the European Union’s ECE (Economic Commission for Europe), or other trusted safety organizations.
These helmets will not provide you enough safety in the case of an accident and lead to serious injuries or even death. The three different types of non-standard helmets are:
- Novelty helmets: These helmets are not designed to focus on your safety. They are only made for the aesthetics. These helmets often lack impact-absorbing materials and a rigid structure required by the safety standards. They may have decorative features like spikes or minimalist design but offer little or no protection during a crash.
- Half-shell helmets: These helmets cover only your head part, leaving the face and chin exposed. While some half-shell helmets are DOT-approved, others may not be. These helmets might keep your head safe; however, they do not provide any protection to your chin and jaw, which are which are vulnerable in crashes.
- Uncertified imported helmets: Helmets that are imported from countries with looser regulations may not meet DOT or other recognized safety standards. These helmets often lack proper testing for impact resistance, making them unsafe for use.
Certified helmets meet safety standards and undergo proper testing to ensure they provide adequate protection in the event of a crash. DOT-approved helmets must pass tests for impact absorption, penetration resistance, and strap strength.
Also, it must fit perfectly and remain in place during an accident. Therefore, when you are buying a helmet, make sure it has a DOT certification to ensure maximum safety on the road.
How helmet choice affects accident cases
- Contributory negligence.
Wearing a non-standard helmet, such as a novelty helmet, can impact liability in an accident case. If the helmet fails to meet the safety standard, the court may consider it contributory negligence and shift some responsibility for the injury to the rider.
In some states, if a rider is wearing an inadequate helmet, they may be partially responsible for their injuries, which can reduce compensation.
- Impact on injury claims.
If you are wearing a non-standard helmet, it can become more difficult to prove the extent of your injuries. It can be challenging to separate the injuries caused by the accident from those resulting from the non-standard helmet.
- Insurance company tactics.
Insurance companies always seek a way to save their money. They might use your poor choice of helmet to reduce the payout. They might argue that the use of a non-standard helmet increases the severity of your injuries, thus lowering their liability. This can reduce your settlement amount or even result in the denial of your claim.
Don’t let your helmet impact your accident case!
If you are involved in a motorcycle accident case where you were using the wrong helmet, you could face legal consequences. To reduce complexity and get assistance, call an attorney today!
