Does What You Were Wearing During An Accident Affect Your Medical Compensation?

A longstanding controversy with motorcycle riders is the use of a helmet and how it can affect things like insurance rates and how much you can be compensated after a motorcycle accident. When states don't require helmets, accidents, injuries, and deaths all go up. In states that consider comparative negligence, or how much of the accident was each party's fault, that could affect your ability to get complete compensation for medical costs. However, the other gear you wear, whether you ride a motorcycle as the operator or a passenger, could also affect your compensation.

Comparative Negligence and Your Responsibility

The logic behind is, if you did not wear gear that gave you a proper level of protection, does that make you partially responsible for the severity of your injuries? For example, you are riding your motorcycle on a nice, summery day and are wearing a sleeveless shirt. Your passenger is wearing shorts. You get into an accident that really isn't your fault. But, because you and your passenger were not wearing long-sleeved jackets and pants -- there's a reason the classic motorcycle outfit is a leather jacket and long pants made of a thick material -- you both sustain really nasty injuries to the skin on your arms and legs.

If those injuries could have been reduced in severity by wearing long sleeves and pants, does that mean you're partially responsible for the costs of medical treatment for those injuries? That is a good question, and you need to consult a lawyer immediately to ensure you get proper compensation.

This Isn't a Fashion Show

You want to look good on your motorcycle; that's a given. But you also need to take those small chances of something happening into account and wear protective gear like motorcycle jackets, gloves, long pants that are fairly rugged, and boots that will protect your feet and ankles from the road surface.

Don't dump these features because you think it looks better to ride in more casual clothing. Yes, if it's summer and very hot, you need gear that has excellent ventilation and that won't make you overheat. But that's still not the time to look like you're on your way to the beach unless that beach gear is in a bag and you're safely swathed in road-worthy clothing.

If you're facing excessive medical costs due to an accident, contact a motorcycle accident lawyer now. You need to become very familiar with how your state's laws work and how to construct a case that will get you the compensation necessary to pay those medical bills.