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Helmet Use Can Affect Georgia Motorcycle Accident Claims

February 02, 2019

GEORGIA – An online article from discusses helmet laws in Georgia and the ways helmet use can affect a person’s motorcycle accident claim in the state. Not wearing a helmet can potentially prevent a person from receiving compensation.*

The National Highway Traffic Safety Administration reports that more than 5,000 motorcyclists were killed in traffic accidents in 2016 across the United States. This represents an increase of more than 5 percent from the prior year. Helmets are proven to save lives, and Georgia has made it mandatory for motorcyclists to wear them. 

Under Georgia law, all motorcyclists must wear helmets and eye protection. The helmets need to comply with standards from the U.S. Department of Transportation by way of the Commissioner of Public Safety. Motorcyclists can check guidelines for compliant helmets on the NHTSA or the U.S. DOT website. DOT-compliant helmets will usually have a sticker on the back that says “DOT” and will have labels containing the helmet information on the inside. 

Georgia allows for a modified comparative negligence system for personal injury cases. Under Georgia comparative negligence, a plaintiff must prove that the defendant is 51% or more at fault for the incident that gave rise to their injuries in order to obtain financial compensation.  If a plaintiff cannot prove 51% or more fault lies with the defendant, he/she is barred from recovery.

A plaintiff making claims for injuries sustained in a motorcycle accident caused by someone else can be considered comparatively negligent for not wearing a helmet. If a claimant failed to wear a helmet, as required by law, and the other driver can show that some or all of the motorcyclist’s injuries would have been prevented by wearing a helmet, the plaintiff’s financial recovery could be reduced or prevented. More importantly, wearing a helmet can save your life.

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If you have been injured in any type of accident caused by someone else’s negligence, call Montlick & Associates, Attorneys at Law for your free consultation today. Montlick & Associates, Attorneys at Law has been representing those who suffer serious injuries throughout the Southeast for over 37 years. Our law firm handles all types of personal injury cases including but not limited to: Car Accidents, Motorcycle Accidents,  Truck Accidents, Workers Compensation, Medical Malpractice, Wrongful Death and all other areas of Georgia Personal Injury Law.

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Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.