Motorcyclists are required to wear helmets in Chattanooga and anywhere in Tennessee according to state law. The law was changed a few years ago, which allows motorcyclists to wear helmets without face guards, but they are still required to wear a helmet that covers the tops and sides of their heads. Wearing a helmet while riding a motorcycle could not only save a rider’s life, it could also help them preserve their right to seek financial damages if they are injured in a crash caused by someone else. Many people find it wise to speak to a local motorcycle accident attorney to discover how Chattanooga motorcycle helmet laws may affect their injury claim.
Legal Penalties for Failing to Wear a Helmet
Of course, it is against the law to not wear a helmet while riding a motorcycle in Tennessee, and law enforcement officers may issue a ticket to riders who do not do as required. Additionally, failure to wear a helmet could be used by a defendant to demonstrate that their injuries would not have been as severe as if they had been wearing a helmet. However, there is an interesting caveat in state law as it applies to some vehicles, which says that failure to wear a helmet cannot be used as a comparative fault and cannot be used against a person who failed to wear a helmet if someone else negligently causes the crash. Because a helmet may have an impact on liability and fault in a motorbike crash in some cases, but not in others, consulting a dedicated attorney about the law in a specific situation may help someone preserve their right to make a claim.
Comparative Fault in Chattanooga
Chattanooga, like all of Tennessee, follows a doctrine of the law called comparative fault. Comparative fault means that the fault will be compared between the injured party and the defendant. The state uses modified comparative fault which means that if the injured person is 50 percent or more at fault, they cannot recover anything. However, if they are less than 50 percent at fault but still have some degree of fault, they will see their financial recovery reduced proportionate to their degree of fault.
Wearing Helmets Saves Lives and Preserves Injury Claims
Helmets can decrease the severity or even prevent head injuries, skull fractures, concussions, and traumatic brain injuries of various kinds. So, if a motorcyclist suffers a severe injury or even death in a motorcycle crash, the fact that the motorcyclist was wearing a helmet shows that the biker is at least following the law. This could also help a plaintiff and their attorney prove that the rider was not negligent in that aspect of the crash, potentially decreasing the degree of the motorcyclist’s fault.
Wearing a helmet in a situation like that hopefully prevents or decreases injury but also shows that the motorcyclist is not at fault in his injuries and in the crash itself. If you have any questions regarding Chattanooga motorcycle helmet laws, you may need to speak with an experienced attorney right away. To learn more, call our dedicated lawyers today.
