A motorcycle helmet is an essential piece of safety equipment designed to protect a biker’s head and face in the event of motorcycle accidents. If a biker does not wear a helmet and is in an accident, the subsequent injuries and consequences may be severe. However, your claim for compensation may be impacted by Kansas’ complex motorcycle helmet and comparative negligence laws.
If you have been injured in a motorcycle accident in Kansas, a compassionate attorney can help you fight for justice. The motorcycle accident attorneys at Goza & Honnold understand the complications of Kansas law and are ready to apply their knowledge and expertise to your case. We are committed to taking a personalized approach to every case to ensure each of our client’s unique needs are addressed.
Kansas’ Motorcycle Helmet Laws
In Kansas, all individuals under the age of 18 must wear a Department of Transportation-approved helmet when riding a motorcycle or moped. However, individuals over the age of 18 can use their own discretion when deciding whether to wear a helmet. In other words, motorcycle helmets are legally optional for adults but required for children. It is important to note that adults must wear eye protection, such as goggles unless their motorcycles have windshields that rise ten inches or higher. It is crucial for riders to understand when they must wear protective headgear to comply with state laws and ensure their safety.
Kansas’ Contributory Negligence Laws Explained
While wearing a helmet is not legally required for adult bikers, failing to wear one may still impact your claim in the event of an accident. In the instance of a severe head injury, the other party’s lawyer might try to establish that you bear some fault for failing to mitigate your injuries. Fortunately, even individuals who do bear some blame have the right to pursue compensation.
Kansas follows a contributory negligence rule, meaning that accident victims may still be compensated relative to their percentage of fault as long as they were less than 49% responsible for their injuries. For example, if you were found to be 20% at fault for your accident due to your failure to wear a helmet, you may still be eligible to recover 80% of the total value of your claim. The talented attorneys at Goza & Honnold can review your case and determine how Kansas’ negligence laws apply to your motorcycle injury claim.
The Impact of Not Wearing a Helmet on a Motorcycle Accident
Not wearing a helmet can significantly impact a motorcycle accident claim. In Kansas, while motorcycle helmet laws mandate that riders under the age of 18 must wear a Department of Transportation-approved helmet, adults have the discretion to choose whether to wear one. However, this choice can have serious implications in the event of an accident. Insurance companies often argue that a rider’s decision not to wear a helmet contributed to the severity of their injuries, potentially reducing the amount of compensation they receive.
Kansas operates under a comparative negligence rule, which means that accident victims can still receive compensation relative to their percentage of fault. If it is determined that not wearing a helmet contributed to the injuries, the compensation may be reduced accordingly. For instance, if a rider is found to be 20% at fault for their injuries due to not wearing a helmet, they may only recover 80% of the total claim value. Navigating these complex laws can be challenging, but a knowledgeable motorcycle accident attorney can help ensure that the rider receives fair compensation despite these hurdles.
Building a Strong Motorcycle Accident Claim
Building a strong motorcycle accident claim requires meticulous documentation and a thorough understanding of Kansas motorcycle helmet laws. A personal injury attorney can be instrumental in helping accident victims gather and organize the necessary evidence to support their claims. This includes collecting medical records, police reports, and witness statements, all of which are crucial in establishing the facts of the case and the extent of the injuries sustained.
The Importance of Medical Records
Medical records are vital in demonstrating the severity of injuries and their impact on the rider’s life. A personal injury attorney can assist accident victims in obtaining and reviewing these records to ensure that all relevant information is included in the claim. This documentation should cover various aspects, such as:
- Medical expenses: Hospital bills, doctor visits, and rehabilitation costs.
- Lost wages: Income lost due to time missed from work.
- Pain and suffering: Emotional distress and trauma experienced as a result of the accident.
- Property damage: Damage to the motorcycle and any other property involved in the crash.
By carefully documenting these damages, a knowledgeable motorcycle accident attorney can help accident victims build robust claims and secure the compensation they deserve. This comprehensive approach ensures that all aspects of the victim’s suffering and loss are accounted for, providing a clearer picture of the true impact of the accident.
How a Knowledgeable Motorcycle Accident Attorney Can Help You
Following a motorcycle accident, pursuing justice on your own can be daunting. If you have been injured in a motorcycle accident in Kansas, a skilled motorcycle accident attorney can help you navigate the legal process and pursue the maximum amount of compensation possible for your case. Some of the many ways the seasoned attorneys at Goza & Honnold can help you include:
- Conducting a thorough investigation of your case
- Negotiating with all parties on your behalf
- Collecting key evidence and eyewitness testimonies
- Filing paperwork correctly and on time
- Advocating aggressively for your rights and interests inside and outside of the courtroom
- Helping you navigate Kansas’ complex legal process
- Keeping you informed on the status of your case
- Negotiating with the insurance company to ensure fair compensation
Our award-winning attorneys specialize in personal injury law and will consider your unique needs as we pursue justice on your behalf.
Entrust Your Kansas Motorcycle Accident Claim to the Seasoned Attorneys at Goza & Honnold
After sustaining an injury in a motorcycle crash, you deserve an aggressive attorney in your corner. The first-class attorneys at Goza & Honnold have decades of experience helping motorcycle victims understand their rights after an accident. We will make sure you understand all of your options and fight for the maximum value of your claim. To learn more about how we can help you and schedule a free consultation, call us today at (913) 451-3433 or complete our online contact form.