Wearing a helmet when riding a motorcycle in North Carolina is not a personal choice. In North Carolina, it is a legal requirement that all riders on motorized two-wheel vehicles wear a helmet that meets North Carolina highway standards. In addition to the law, it is a simple matter of common sense safety. Many of the more serious and potentially fatal injuries resulting from a motorcycle accident occur from head injuries. Following an accident, if it is determined that the injured driver or passenger was not wearing approved head protection at the time of the accident, any injury claim after the fact can result in a denied claim even if the opposing vehicle operator was totally at fault on the highway. The reason is the North Carolina contributory negligence law.
Understanding Contributory Negligence
North Carolina is one of the four states, along with the District of Columbia, that still uses the outdated and unreasonable contributory negligence law of historic Britain. The American legal system in many ways is an extension of the British court system. Any amount of personal contribution to causing an injury even in the slightest manner can result in a denied insurance claim with no other recourse for financial compensation. And while not wearing a helmet rarely contributes to causing any accident, it can still be a contributory fault issue when an accident claim is assessed.
How This Law Applies to Motorcycle Injury Claims
The contributory negligence law typically applies to accident causation, but an insurance company’s legal team will know how to use the law fully to their benefit in court. They will always attempt to use it to deny a head injury claim, citing personal fault due to failure to comply with the helmet law as well as common sense safety precautions.
Contact Our North Carolina Motorcycle Accident Lawyers
Not wearing a helmet is an effective defense against an injury claim in some cases, but not all. Claims for other injuries can be won in negotiation, and even in court under certain circumstances. Our motorcycle accident lawyers understand the tactics that insurance companies will use in North Carolina to deny claims. We have handled many motorcycle accident injury claims over the years, and pride ourselves on our track record of success. We also know that a motorcycle rider injured in an accident is facing an uphill battle with the insurance providers if they were not wearing a helmet at the time of the accident. Anyone in this situation in North Carolina should call our offices and let us conduct a full review of your accident claim, there is no cost for your initial consultation and we have offices located around the state for your convenience.
Call us today on 1-800-ACCIDENT
