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Does Not Wearing a Helmet Affect Kansas Motorcycle Accident Claims?

October 21, 2022 | Motorcycle Accidents

A motorcycle helmet is an essential piece of safety equipment designed to protect a biker’s head and face in the event of an accident. 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.

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 that 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 case.

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

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 accident, 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.