It could. The effect of the failure to wear a helmet will depend on the nature of your injuries. Injuries to the head, face, or brain may very well result in the conclusion that a motorcyclist was responsible for their injuries because of their failure to wear a helmet. When injuries involve harm to other parts of a person’s body, the lack of a helmet defense is not as likely to affect compensation.
It is important to remember that Georgia is considered a modified comparative fault state, which means that a person can file a lawsuit to recover damages so long as they are less than 50 percent at fault. When a person’s own negligence does contribute to their injuries, then their award can be reduced in proportion to their negligence. In other words, a motorcyclist awarded $100,000 for a motorcycle accident who is found to have been 20 percent at fault will have their award reduced by $20,000 and receive $80,000.