How Helmet Laws in Nevada Affect Your Motorcycle Accident Claim
Nevada’s helmet laws are designed to protect motorcyclists from severe injuries and fatalities. Understanding these laws and their implications on motorcycle accident claims is crucial for riders and their families. At Mainor Ellis in Las Vegas, Nevada we work with our clients to help them understand how compliance or noncompliance can affect injury claims, and what it means for insurance settlements.
An Overview of Nevada’s Helmet Laws
Nevada law requires all motorcycle riders and passengers to wear helmets that meet the standards set by the U.S. Department of Transportation (DOT). This mandate applies to all motorcycle types, including mopeds and scooters. The helmet must fit snugly and securely, and it should have a firmly secured chin strap.
The law is strictly enforced, and failure to comply can result in fines and citations. More importantly, wearing a helmet significantly reduces the risk of head injuries and fatalities in the event of an accident.
The Impact of Helmet Use on Injury Claims
When a motorcycle accident occurs, the use or non-use of a helmet can significantly influence the outcome of an injury claim. Nevada follows a modified comparative negligence rule. This means that if a motorcyclist is found to be partially at fault for their injuries, their compensation will be reduced by their percentage of fault. Not wearing a helmet can be seen as a form of negligence, particularly if the injuries sustained are head or neck-related. For example, if a rider suffers a traumatic brain injury and was not wearing a helmet, the insurance company or court may assign a percentage of the fault to the rider, reducing the compensation accordingly.
Helmets are proven to mitigate the severity of injuries in motorcycle accidents. Riders who wear helmets are less likely to suffer from severe head injuries, which can lead to lower medical costs and a quicker recovery. This directly impacts the compensation claim, as less severe injuries typically result in lower medical expenses and other related costs, influencing the total settlement amount.
Insurance companies often scrutinize helmet use when evaluating claims. If a motorcyclist was not wearing a helmet at the time of the accident, the insurer might argue that the injuries were exacerbated by the rider’s negligence. This can lead to reduced settlement offers or more contentious claim negotiations. Conversely, wearing a helmet can support the rider’s case, demonstrating that they took reasonable precautions to protect themselves, potentially leading to more favorable settlement terms.
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Nevada’s helmet laws are not just about compliance; they play a significant role in protecting motorcyclists and influencing the outcomes of accident claims. Wearing a DOT-approved helmet can not only save lives but also ensure that riders have a stronger position when filing injury claims and negotiating with insurance companies.
At Mainor Ellis, our Las Vegas Motorcycle Accident Lawyers understand the challenges motorcyclists face and are dedicated to helping you navigate the legal landscape following an accident. If you or a loved one has been involved in a motorcycle accident, contact us for expert guidance and representation to secure the compensation you deserve.
Source:
leg.state.nv.us/nrs/nrs-041.html
