Motorcycle riders in North Carolina must navigate various laws that can affect their safety and legal rights, including helmet regulations. Understanding these laws is crucial, especially if you are involved in a motorcycle accident.
Here’s a breakdown of North Carolina’s helmet laws and how they might impact your motorcycle accident claim.
North Carolina Helmet Laws
North Carolina enforces specific helmet laws designed to protect motorcyclists. The key points of these laws include:
- Mandatory Helmet Use for All Riders: North Carolina requires all motorcycle riders and passengers to wear a helmet that meets federal safety standards. This law applies to riders of all ages and is enforced to enhance safety and reduce the risk of head injuries in accidents.
- Helmet Specifications: The helmet must comply with the federal safety standards and must be worn properly, including with a retention strap properly secured.
How Helmet Laws Affect Motorcycle Accident Claims
Helmet laws can significantly influence the outcome of a motorcycle accident claim in several ways:
- Contributory Negligence: North Carolina follows the “contributory negligence” approach. Under this approach, any degree of fault can bar an injured party’s recovery. If a rider is not wearing a helmet, it might be argued that this contributed to the extent of their injuries (even if they were not the at-fault driver in a wreck) and could bar any recovery entirely.
- Evidence in Personal Injury Claims: If you are involved in a motorcycle accident and not wearing a helmet, the opposing party might use that fact to argue that your injuries were exacerbated by your failure to comply with the law. This can be a factor in negotiating settlements or during court proceedings.
Steps to Take After a Motorcycle Accident
If you are involved in a motorcycle accident, following these steps can help you protect your rights and strengthen your claim:
- Seek Medical Attention: Always get medical treatment immediately, regardless of helmet use. Injuries should be documented thoroughly.
- Document the Accident: Gather evidence from the scene, including photos, witness statements and contact information, and a police report.
- Preserve Helmet Evidence: If you were wearing a helmet, keep it as evidence. If not, be prepared for it to be a point of discussion in your claim.
- Consult an Attorney: An experienced motorcycle accident attorney can help you navigate the legal complexities, including how helmet laws may impact your case.
Understanding how helmet laws affect your motorcycle accident claim is vital for securing fair compensation. At Ward and Smith, we are committed to helping you navigate the legal process and address any issues related to helmet laws and their impact on your case. Contact us today to consult with a knowledgeable personal injury attorney and let us assist you in pursuing the compensation and justice you deserve.
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