Maryland state law requires all motorcycle riders to wear a helmet. What does this mean for someone who is injured while riding a motorcycle but was not wearing a helmet? A person in this situation may need the assistance of a motorcycle accident attorney in Upper Marlboro, MD to convince the at-fault driver’s insurer to pay a reasonable settlement. The insurer may try to avoid doing so because the motorcyclist was breaking the law and not taking important precautions to prevent injury.
Fortunately, in Maryland, the law is on the injured person’s side. Not wearing a helmet cannot be used as a factor against this person in a personal injury claim. Nevertheless, the insurance company may attempt to do just that, assuming that not everyone knows the law, and proceed to offer a settlement that could be substantially lower than is justified. The insurance company might make note of the rider’s comparative negligence in the situation in an effort to intimidate this person.
A motorcycle accident attorney in Upper Marlboro, MD will set the insurance company straight. The law is straightforward and does not limit the other driver’s liability for the accident nor the insurance company’s responsibility for paying compensation. Maryland’s motorcycle helmet law is not intended to punish individuals who made the choice not to wear protective headgear. Instead, it is intended to encourage them to take the protective measures that have been shown to reduce the risk of head injury.
This can be confusing to someone who assumes that breaking the law will result in being unable to claim an adequate amount of financial compensation. It may be more understandable when considering state seat belt laws. In some instances, a person who is not wearing a safety belt is injured in a car accident caused by another driver. In Maryland, that driver’s insurance company is still responsible for providing financial compensation, and the lack of seat belt use is not considered comparative negligence. Anyone who has been hurt in a motorcycle accident because of someone else’s carelessness or negligence may contact the Law Office of Danny R. Seidman for assistance.