With its relatively mild weather, Nashville is the perfect place to get out on your bike and explore. Unfortunately, motorcycle rides are not always without incident. When motorcycles get into collisions with cars, serious injuries can occur. Although Nashville motorcycle helmet laws exist to protect riders from suffering life-altering harm, they cannot prevent accidents.
If you or your loved one was injured during a motorcycle accident, you deserve the chance to pursue a legal claim against the people responsible. Working with a skilled motorcycle accident lawyer could help you navigate this difficult situation.
Unlike many other states, Tennessee has a strict universal helmet law. While some states require people under the age of 18 or 21 to wear a crash helmet, Tennessee law currently requires a helmet for everyone who operates or rides on a motorcycle. The current law does not provide any exceptions based on a rider’s age or riding experience. The helmets must conform to the guidelines and safety standards set forth by the federal government. If the driver or passenger is 21 or older, their helmets must meet additional specifications.
People who are not wearing a helmet or the proper kind of helmet could face Class C misdemeanor charges that could potentially result in a $50 fine and a maximum of 30 days in jail. A dedicated attorney could review the relevant motorcycle helmet rules and determine how they might affect a potential legal claim in Nashville.
If you fail to wear a crash helmet, that does not necessarily mean you cannot pursue a legal claim against the driver of the car that hit you.
The lack of a helmet does not generally cause or contribute to an accident. Most accidents between motorcycles and other vehicles happen when a motorist fails to respect the rights of a motorcycle rider. Accidents often occur because a car or truck driver is distracted, drunk, fatigued, speeding, impatient, or careless. The fact that a motorcycle rider was not wearing a helmet usually has nothing to do with causing the accident.
However, the lack of a helmet could increase the severity of a motorcycle rider’s injuries. People who do not wear helmets are more likely to experience serious facial and head injuries—such as cuts, lacerations, contusions, concussions, and brain injuries.
A motorist might try to deny paying damages by arguing that a motorcycle rider’s lack of a helmet caused their severe injuries. Fortunately, Tennessee has comparative negligence rules. As long as the motorcycle rider was not more at fault for the accident than the negligent motorist, the rider could still sue for damages. However, a Tennessee court might reduce the biker’s damages proportionately because their actions increased the severity of their injuries.
Trying to understand how comparative fault rules work can be complicated, which is why consulting with a knowledgeable local lawyer is essential. A qualified Nashville legal team could further explain helmet laws and fight aggressively to pursue a fair damages award after your motorcycle accident.
When you get into an accident on your motorcycle, the possibility of serious injuries is real because motorcycles do not offer as much protection as other vehicles. However, crash helmets can minimize the risk of the most serious head injuries, so it is important to adhere to Nashville motorcycle helmet laws.
If you suffered harm in a motorcycle accident, you deserve help. Call to set up a meeting with the only law firm with RoadProof. Trust Ponce Law; we are ready to fight for you.
