Yes. You can file a motorcycle accident claim if you weren’t wearing a helmet, but the insurance company might argue that your own negligence has contributed to your injuries. Due to California’s pure comparative negligence system, a personal injury claimant’s financial award is reduced by his or her own percentage of fault. If your failure to wear a helmet contributed to the severity of your injuries, you might be held at least partially liable for the resulting damages, which could reduce your financial award.
Your attorney may be able to overcome such a dispute by proving that you would have sustained the same injuries and they would have been just as severe even if you had been wearing a helmet. Evidence to support this argument may include medical records, testimony from medical experts, and photos and videos of your injuries and the accident scene.
