Negligence in DC Motorcycle Accident Cases

If you have been injured in a motorcycle accident that was caused by another driver, you may be entitled to compensation. In order to collect compensation, you must be able to prove negligence. This is why it is essential for injured victims to reach out to a seasoned attorney who is experienced establishing negligence in DC motorcycle accident cases. Call today to set up a consultation with a skilled motorcycle accident lawyer

Contributory Negligence

Washington DC is a contributory negligence jurisdiction. This means that if a person does anything to cause or contribute to the accident, then they cannot recover any of the damages. This is unlike many states that allow an injured victim to collect damages as long as they are not more than 50 percent responsible for the accident. However, in DC, it is important to know that if a person is even one percent at fault, then they cannot get compensation. For instance, if the injured individual was not wearing a helmet and then suffered a brain injury after a wreck, then the jury can find them contributory negligent to their injury because they were not wearing a helmet. 

Motorcycle Rider Stigmas

There is a stigma that people who ride motorcycles are a little less careful than other people. This is not remotely fair, however, this is what many people think. Unfortunately, this may factor into the decision of assigning negligence in DC motorcycle accident cases. This also factors into whether an attorney will take on the case. When evaluating and thinking about how to proceed with the claim, the attorney has to be smart about it and investigate all factors of the case. 

Helmet Laws in DC

The helmet laws in DC require an individual to wear a helmet when they are driving a motorcycle. If it is a motor-driven cycle that has a maximum speed of under 30 miles per hour, then the person is not required to wear a helmet by law. However, if it does exceed 30 miles per hour, then they do have to wear a helmet. 

DC also requires that motorcycle helmets have permanent weather-proof reflectors on each side to cover an area of at least four inches. Helmets must be equipped with either a neck or chinstrap. They also need to permit unobstructed peripheral vision to 120 degrees on each side and have unobstructed hearing. 

Importance of Wearing a Helmet

If a person does not wear a helmet, then they could get a ticket. The bigger issue of not wearing a helmet, though, is that if the motorcycle rider does get into an accident, they could die or end up with a serious brain injury. When someone is wearing a helmet and they hit their head, then they are less likely to suffer a brain injury or a fatal accident. 

Also if the motorcycle rider is in an accident and they were not wearing a helmet, then the jury could say that they were contributorily negligent. Then the injured victim would not be able to recover compensation.

To learn more about negligence in DC motorcycle accident cases, speak with a seasoned attorney today.