Los Angeles, CA personal injury attorney Narbeh Shirvanian talks about recovering damages if you not wearing a motorcycle helmet at the time of your accident. In California, especially in Los Angeles, the legal team receives numerous calls, particularly from motorcycle riders. Most of these riders conscientiously adhere to traffic laws, operating their bikes safely while wearing helmets and protective gear. However, there is a subset of individuals who choose not to wear helmets, despite the Vehicle Code mandating helmets for all bicyclists and motorcycle riders.

If an individual without a helmet gets into an accident, whether on a motorcycle or bicycle, insurance companies may exploit this fact to argue that the person was comparatively negligent or at fault in causing their own injuries. Despite this, the ability to file a claim remains unaffected, and the answer to the question “Can I still file a claim if I’m not wearing a helmet?” is a resounding yes. One’s own negligence does not negate the obligation of others to operate their motor vehicles safely in California.

However, the task of insurance companies and defense lawyers is to scrutinize the case and find ways to minimize payouts. Not wearing a helmet is viewed unfavorably in terms of case value, though its impact on personal safety is a primary concern. The speaker personally emphasizes the importance of safety, revealing that they routinely wear a helmet while mountain biking in the foothills of their area. Despite the legality of not wearing a helmet, it can lead to a comparative fault or negligence argument, as allowed by jury instructions, potentially resulting in reduced damages awarded by a jury.