Since childhood, you’ve been told to wear proper protection when driving, biking, or playing outside. Perhaps you were a rebel who always resisted your parents’ pleas to wear a seatbelt or helmet, but now that you’re an adult and can make your own decisions, it’s tempting to walk on the wild side. As a motorcycle enthusiast, leaving your helmet at home might be appealing to feel the wind in your hair during a ride. But here’s the thing: one innocent decision can be more reckless than you realize.
Helmets significantly decrease the risk of severe head and spinal injuries. Getting on a bike without one is a reckless decision that you could very well come to regret, should you survive a crash. However, you may still be compensated if you get into a wreck without a helmet and survive. If that’s the case, Montlick can help.
Not-At-Fault Motorcycle Accident without a Helmet
Even though Georgia’s helmet laws are strict, you may still receive compensation if you’ve been involved in an accident without wearing one. While the recovered compensation may be diminished if you suffered a head injury due to breaking the law, you may still receive compensation thanks to Georgia’s comparative negligence rules; assuming you were less than 50% at fault, that is.
When you’re not wearing a helmet and get in an accident, the opposing insurance company may try to claim that you contributed to the severity of your injuries. They might also allow their biker biases to cloud their judgment, affecting the outcome of your claim. More so, they might argue the severity of your injuries was caused by the lack of a helmet.
It’s our job to defend you and try to stop any of the above scenarios from happening. But let’s not get ahead of ourselves. Before you take your next ride, familiarize yourself with Georgia’s motorcycle helmet laws to keep yourself safe.
Georgia Motorcycle Laws Explained
All states have the power to create safety laws, including motorcycle helmet laws. Some states do not require motorcyclists to wear helmets and/or protective eye gear, while others require helmets and/or protective eye gear, but only for young riders under eighteen. Not all motorcyclists agree with such laws, but the purpose is to ensure the safety of all riders. So, does Georgia have a helmet law? The short answer is yes. Georgia’s motorcycle laws include some of the strictest helmet requirements.
Each helmet law in Georgia exists for a good reason. Under Georgia law, all motorcyclists must wear a helmet and protective eye-gear unless the bike has a windshield. Then, only a helmet is required. Georgia’s motorcycle helmet laws place the Peach State in a collection of states referred to as those with “universal helmet laws,” as helmet requirements are not age-based. Furthermore, riders must wear DOT-compliant helmets that meet minimum safety standards set by the Department of Transportation. Helmets must also be approved by the commissioner of public safety, and a sticker must be displayed indicating they comply with the Federal Motor Vehicle Safety Standard, better known as FMVSS No. 218. While a helmet might not be all it takes to save a person’s life in every motorcycle accident, a helmet is likely to reduce the risk of serious injury or death in many situations.
Note that you will likely receive a citation if you’re involved in an accident or are pulled over for any reason and are not wearing a helmet. You may even be arrested for violating the state’s helmet law. Failure to wear a helmet may affect your ability to receive compensation.
Related Motorcycle Laws in Georgia
- Bikers must possess a Class M license or Class M Instructional Permit (Department of Driver Services, DDS)
- Motorcycles must have at least one mirror (Georgia Code §40-8-72)
- Taillights and headlights must be on at all times (Georgia Code § 40-6-312)
- Riders must not ride between lanes or on traffic lines (Georgia Code § 40-6-312)
- Passengers can only ride if there is a designated space for them or if the bike can carry two people (Georgia Code §40-6-311)
- Handlebars cannot be higher than 15 inches from the seat (Georgia Code §40-6-314)
- Motorcycle operators must carry $25,000 bodily injury liability per person/$50,00 per accident and $25,000 of property damage (Georgia Code §40-6-11)
Filing an Accident Claim
When you’re ready to file an accident claim, it’s important to know what steps to take. The very first thing you should do is notify your insurance company of the accident. Share as much information with them as possible. After that, securing representation from a Montlick attorney is in your best interest. We can help you with the rest:
-
- Determining liability.
As we already said, if you were partially at fault for the accident, your compensation may be reduced by the percentage of fault. For example, if the other driver was 80% at fault, and you were 20% at fault, you would receive 80% of what you otherwise would have from total damages. - Calculating damages.
Assess the damages you have incurred as a result of the accident. This may include medical expenses such as hospital bills, physical therapy, and future medical costs related to the accident. Lost wages, property damage, and pain and suffering may also be included. - Filing an insurance claim.
When filing a claim with the at-fault party’s insurance company, provide them with all the evidence you have at your disposal. Include a detailed account of the accident, and remember, it’s the adjuster’s job to scrutinize your claim. Don’t be afraid of their uncompromising attitude.
- Determining liability.
Dangers of Riding Without a Helmet
Anyone who has been involved in a motorcycle accident or a loved one of an injured or deceased victim knows all too well just how devastating the consequences can be. Riding without a helmet puts you in grave danger— as in it could put you in your grave. Motorcyclists are already more vulnerable than others involved in accidents as their bodies are not fully protected by what vehicles provide. Given that motorcycles are small two-wheeler vehicles with little protection, it is not surprising that injuries resulting from motorcycle accidents are often debilitating, catastrophic and long-lasting.
While there is never a guarantee that a helmet will prevent an injury, not having one can increase the chances that any resulting injuries will be permanent and debilitating for years to come. Adhering to GA helmet laws is crucial to protecting yourself from injuries. Injuries you may face when riding without a helmet include:
- Traumatic brain injuries
- Neck and back injuries
- Partial or complete paralysis
- Fractured/broken limbs
- Broken teeth
- Road rash abrasions
- Death
- Ear and eye damage
- Facial fractures
Other than broken bones, riders involved in an accident who aren’t wearing a helmet may encounter higher medical bills and longer recovery times. Depending on the severity of your injuries, you may be looking at long-term care requirements such as living in a facility. Such needs can place a significant strain on both you and your family. Helmets also protect your visibility and hearing during a crash. Without one, you may experience debris getting into your eyes, causing damage and limiting your vision. Helmets reduce wind noise, which allows you to hear traffic better and improve your reaction time when avoiding hazards.
Facing the Facts
As we said above, there’s no guarantee that you won’t be injured when wearing a helmet. However, unhelmeted riders do face a significantly higher risk of sustaining a traumatic brain injury or dying, according to a study conducted by the National Trauma Data Bank. Helmets help to prevent 67% of brain injuries and reduce drivers’ chance of dying by 37% and passengers by 41%. DOT-approved helmets, in particular, significantly reduce the risk of head injuries, providing you with a sense of reassurance and safety. Overall, helmets have proven the easiest way for riders to protect themselves on a bike.
At Montlick, we understand the potential dangers of motorcycle accidents. We’ve seen the trauma they can cause over and over again during the last forty years. But we’ve also witnessed helmets’ role in accident victims surviving. The outcome of some accidents may have been very different if victims weren’t wearing one.
Put Four Decades of Experience to Work for You!
After an accident, it may be hard to find a way forward. Montlick can help provide the information you need to get started doing just that. A skilled personal injury attorney from Montlick will sit with you and answer each question during your free consultation. We pride ourselves on providing our clients with compassionate, comprehensive legal care. If someone else is responsible for your suffering, you may have legal options.
No matter how a motorcycle accident has occurred, if you or someone you love has suffered injuries, speak with a Montlick attorney ASAP. Our attorneys will work hard to pursue your right to compensation, using our firm’s 40+ years of legal expertise to work for you.
Contact Montlick for exceptional legal assistance with your personal injury claim. Call today to schedule your 100% free consultation. We promise you’ll speak to an attorney, not just our receptionist.
