Bikers in Peachtree Corners and throughout Gwinnett County need to adhere to all motorcycle helmet laws in order to protect themselves physically and legally. In the event of a collision with another motorist, failing to wear proper safety gear could diminish a biker’s recovery, as well as put them at an increased risk of catastrophic harm. Injured bikers should speak with a well-practiced attorney right away to see how these laws can protect them.
Motorcycle accidents in Gwinnett County are unique for several reasons. Many drivers do not look for motorcyclists, and while motorcycles are more agile than cars, there is no protection if a motorcyclist is hit by another vehicle. Motorcyclists are more likely to be seriously injured or die from impacts with the road, cars, trucks, or semi-trucks. Due to this, Georgia law has strict regulations regarding safety gear for motorcyclists.
Wearing appropriate safety gear can help motorcyclists mitigate the increased risks of injury they face on the road. In Georgia, motorcyclists must wear a helmet by law. By wearing proper safety gear and modifying one’s motorcycle to make it louder or brighter, as well as taking defensive training or advanced training for motorcyclists, can help bikers and other drivers on the road be more aware of their surroundings.
Wearing a helmet can also help motorcyclists avoid severe injuries or even death in the event of an accident. Helmets can prevent serious head injuries if a rider is involved in a collision, and they are greatly beneficial for both motorcycle riders and passengers. Both are required to wear helmets under Gwinnett County law.
Helmets can not only help motorcyclists avoid serious injuries, but they can also help an injured biker legally. Complying with Gwinnett County motorcycle helmet laws could negate a potential contributory negligence argument.
Contributory negligence in Georgia means that anytime there is an accident, fault is assigned to one party. However, if the other party also contributed to the accident, a jury can assign a portion or percentage of negligence to that them, and any verdict or award can be reduced by that amount of negligence.
If a driver and a motorcyclist are involved in an accident, and the jury finds that they were equally at fault for it, the award would be zero because their equal percentages of fault (50 percent), as assigned by the jury, would cancel each other out.
If a rider who was involved in an accident was not wearing a helmet, a case could be made for contributory negligence because they were breaking the law. The argument can be made that a motorcyclist who was not wearing a helmet contributed to their own damages because they did not take the necessary steps to protect themselves.
If a biker fails to follow Gwinnett County motorcycle helmet laws, they are not only putting themselves at risk of severe trauma, but they are also threatening their chances of receiving compensation for their damages. It is vital for motorcyclists to follow Georgia law to keep themselves and others safe.
If you were recently involved in a motorcycle wreck, or have questions regarding Gwinnett County’s motorcycle laws, call today. A dedicated attorney could speak with you to make sure you know all your legal rights and how to protect them.