Many North Carolinians ride motorcycles for the thrill of the open road and the feel of the wind on their faces. However, motorcyclists lack the same protections that the occupants of cars and trucks enjoy. With no steel frame to shield them from direct impact, riders are far more likely to suffer severe injuries in a collision. However, wearing proper safety gear can reduce the chance of catastrophic or fatal injuries in a motorcycle crash.
Failing to wear motorcycle safety gear could also complicate an injured biker’s attempt to secure fair compensation in a personal injury claim. Here’s what you know about how motorcycle safety gear can impact legal cases in the Tar Heel State.
Important Types of Motorcycle Safety Gear
The following motor safety gear can protect a motorcyclist in the event of a crash:
- Helmet – A helmet is the most essential piece of motorcycle safety gear and can significantly reduce the risk of traumatic brain injuries in a crash. Full-face helmets offer the most protection.
- Jacket – A durable motorcycle jacket, often made of leather or reinforced textile, helps protect the rider from road rash and reduces the severity of cuts, bruises, or other injuries in a fall. Many motorcycle safety jackets also have built-in armor to protect vulnerable areas like the shoulders and elbows.
- Gloves – Motorcycle gloves shield the hands from abrasions during an accident. They also improve grip and protect the rider’s hands from harsh weather conditions.
- Boots – Sturdy, over-the-ankle boots help prevent foot and ankle injuries during a crash. Motorcycle boots also provide stability and protection while riding.
- Pants – Reinforced motorcycle pants can protect the legs from road rash and reduce the risk of fractures or other leg injuries in a collision.
Required Motorcycle Safety Gear in North Carolina
North Carolina law requires all motorcycle riders and passengers to wear helmets when the motorcycle is in motion, regardless of age. Furthermore, state law prohibits motorcycle riders from putting more people on the vehicle than it is designed to carry. Passengers must have a dedicated seat.
How Does Motorcycle Safety Equipment Affect Personal Injury Cases?
In theory, the equipment a rider wears when a motorcycle crash happens shouldn’t affect their personal injury case. If another motorist hits them and is entirely at fault for the collision, that driver should pay for the harm the motorcyclist suffered.
Unfortunately, insurance companies often look for any reason to deny liability for an accident. That may include using an injured motorcycle rider’s lack of required or optional safety gear as justification to reduce their compensation or deny the claim. The insurer might argue that the motorcyclist is partially at fault for their injuries since wearing a helmet or safety gear might have lessened the severity of or prevented an injury.
If the insurance company handling your claim attempts to shift the blame onto you, get help from a motorcycle accident lawyer immediately. North Carolina law holds that violating the helmet law does not count as negligence in an accident claim, but fighting against a big corporation is hard without an experienced personal injury attorney on your side.
How Kreger Brodish LLP Helps with Your Motorcycle Accident Case
The Durham, NC motorcycle accident attorneys at Kreger Brodish LLP understand the challenges and biases injured motorcycle riders face in their fight for fair compensation. If an insurance company tries to blame you or a lack of safety gear for your injuries after a motorcycle crash, we can help you fight back.
Our legal team can investigate the accident to prove the other party’s fault and use North Carolina law to refute any attempts to blame your injuries on a lack of motorcycle safety gear. We can also document the full extent of your losses to demand maximum compensation — and we aren’t afraid to take your case to court if an insurance company refuses to make a reasonable settlement offer. Call or complete our contact form now for a free consultation with a Durham motorcycle accident attorney.
