Yes, you can still receive compensation for your motorcycle accident injuries, even if you were not wearing a helmet. In some cases, your compensation may be reduced. Helmet non-use does not cause accidents.
Helmets do not prevent or minimize certain types of motorcycle accident injuries.
Even though you are required by law to wear a helmet while operating a motorcycle and as a passenger on a motorcycle in Oregon, you can sue for your injuries. The at-fault driver or other responsible party can still be held liable for their portion of blame for your injuries.
Why Helmet Use May Not Matter at All in Your Case
Motorcycle helmets can save lives and minimize brain injuries, but they don’t save all lives, they don’t prevent all brain injuries, nor do they prevent the wide variety of severe injuries that can occur in motorcycle accidents aside from head and brain injuries.
Helmet non-use only works against you to the extent that it contributed to the severity of your injuries. For instance, if you suffered back injuries, knee injuries, shoulder injuries, or amputations, the fact that you were not wearing a helmet has no bearing on the amount of compensation you can receive for those injuries.
If you were suffered brain injuries, your compensation may be reduced, but it may not be if your attorney can prove that a helmet would not have prevented your specific brain injury under the unique circumstances of your accident.
No-helmet motorcycle accident lawsuits can be won, but you will need the help of an experienced Oregon motorcycle accident attorney. The Law Office of J. Clay McCaslin can help. Please, give us a call at 503-239-1910 or email us today to schedule your free initial consultation.