Motorcycle laws are meant to minimize risk to riders, especially those related to wearing a helmet. Even if you do not want to do so for any reason, motorcycle helmet laws in Nevada are very clear in that most people who are drivers or passengers must be wearing them.
At H&P Law, our Las Vegas car accident lawyer wants you to know that, even if you are not wearing a helmet, if you are hurt in an accident related to the actions of another party, you may still be able to receive compensation for the losses you have.
Nevada Motorcycle Helmet Laws
The Nevada Department of Motor Vehicles provides that, under NRS §486.231, all drivers and passengers on motorcycles, as well as mopeds and trimobiles that have handlebars and a saddle seat, must wear a protective helmet while on the bike. If you are operating any of these vehicles, you must be wearing a helmet if the motorcycle is operational. Not doing so could lead to a fine.
There are some situations where helmets are not a legal requirement under Nevada law. Specifically, you do not have to wear a helmet if you are on a three-wheeled vehicle if it has an enclosed cab. These vehicles must be driven with a steering wheel rather than handlebars to fit this limitation.
Also, note that not just any helmet will meet this requirement. You must be wearing a helmet that meets all of the standards set by the U.S. Department of Transportation. Most helmets that do will have a sticker on them that states that this is the case.
What Happens if You Are Not Wearing a Helmet During a Motorcycle Accident?
The law requires that most people operating a motorcycle wear a helmet, and if you fail to do that and then suffer an accident, you are breaking the law. As a result, you could be charged a fine as a direct result of other traffic violations. However, not wearing a helmet can impact your personal injury lawsuit as well. It is commonly recognized that helmets reduce the impact and damage to a person’s head when an accident occurs, and that means your injuries may be worse than if you wore the helmet.
That means that when you approach the insurance company or go to court to prove your losses, you will need to show the court that your injuries are due to the negligence of the other driver and would still have occurred if you were wearing a helmet. That complicates the process. Often, it may also mean that the amount of money you recover in a case like this is less than what you expected.
Motorcycle accidents are often some of the most disastrous types of vehicle accidents because a person’s body, including their head, is not protected from the force and trauma of a fast-moving vehicle striking it. The lack of a helmet means that, if you are thrown from the vehicle, you could suffer serious traumatic brain injury that may have been less impactful if you had a helmet on. That can be an important fact you must consider in your legal case, so be sure to review our case results.
You Can Still File a Claim and Recover Damages
Not wearing a helmet on Nevada streets while on your motorcycle is dangerous and will impact your ability to recover the full sum of your losses. However, you may still be able to receive financial compensation for them. Our motorcycle accident attorney in Nevada has experience helping clients navigate this situation.
- Is the other driver at fault for the accident? If so, then they owe you for any damages they did cause to you, including any type of injuries that would have happened even if you had a helmet on.
- It may be possible for a judge to align some of the faults in your injuries on you, often expressed in a percentage, which could lower the amount of your recovery by that amount.
- Proving that a lack of a helmet on a motorcycle was not a factor in your accident may also be an option that our highly experienced attorneys can tackle.
The lack of a motorcycle helmet on Nevada streets does make your motorcycle accident claim more challenging to file, and it is likely to be documented in the police report. At H&P Law, we have the extensive experience necessary to help our clients navigate the legal options available to them, even in these difficult situations. Do not settle your claim until you have an attorney working with you.
The Importance of Having Legal Representation in a Motorcycle Accident
In cases like this, we highly recommend that you have a motorcycle accident attorney who can help you defend yourself and prove your injuries and losses. This is essential since it will give you access to numerous resources to help you prove this. For example, our Nevada motorcycle accident attorneys can help you with:
- Gathering evidence about the fault in the case
- Use medical experts to help demonstrate that you would still have these injuries even with a helmet
- Demonstrate through accident recreation or expertise that your injuries still would have occurred
- Provide clear insight into what legal strategy will work best for your situation
- Offer insight into how to maximize compensation even if your lack of a helmet could limit your recovery
With our legal support, you have an experienced attorney fighting to protect your right to compensation. We highly recommend working with our professionals to pursue legal support and maximum compensation, so review our client testimonials to learn more. That applies even when you do not have a helmet.
Schedule a Free Consultation with Our Motorcycle Accident Attorney Now
Now is the best time to take legal action in a case like this. Let our motorcycle accident attorneys in Nevada help to explain motorcycle laws to you and what the impact of a lack of a helmet may have on your specific case. When you set up a free consultation and case review with our Las Vegas car accident lawyer, we can go over all of these details with you.