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Can Tennessee Motorcyclists Use GoPros to Seek Compensation in a Crash?

Posted on in Personal Injury

Campbell County motorcycle accident attorney

The state of Tennessee requires all motorcyclists to wear proper protective gear, including helmets while operating their vehicles. This is for protection in case of a collision with another vehicle on the road. However, motorcyclists cannot just wear any helmet. It must be a helmet that meets the safety standards of the Department of Transportation. One of the requirements for a proper helmet is that the gear is not permanently altered. This means a person cannot mount a camera onto the helmet by the use of drills or screws. However, GoPros are cameras that come with adhesive mounts sturdy enough to be worn on a motorcycle helmet. These are allowed on the road if mounted securely. In some cases, a GoPro camera’s footage can be used if the motorcyclist is pursuing compensation for injuries after an accident.

What Is the Tennessee Helmet Law?

When riding through the state of Tennessee, all motorcyclists must wear a helmet with the following safety regulations:

  • No holes in the helmet other than ventilation airways not measuring more than 1.5 inches

  • The surface shell of the helmet should be a continuous contour

  • All helmets should bear a label on the outside confirming it meets the safety regulations issued by the Department of Transportation

  • No permanent modifications are allowed

  • All helmets should be inspected after any motor accident

Motorcyclists are not breaking the law if they use adhesive mounts to secure their GoPro to their helmet. However, it can be dangerous as the adhesive runs the risk of wearing out over time. Instead, motorcyclists are encouraged to use a GoPro strapped to their arm or torso as a safer alternative.

Using a GoPro for Proof of a Collision

In some situations, motorcyclists may be blamed for a collision that is not their fault. This is one of the main reasons why many cyclists use a GoPro during travel. Should something happen on their trip, they have visual proof of the incident that they can then use in court.

Similar to documenting an accident after it happens, the GoPro footage captures the moments before, during, and after a crash. This reliable evidence can be used to show a judge exactly what happened, including who is responsible for causing the collision.

Tennessee requires at-fault drivers to pay compensation to the victim of a car or motorcycle accident. They may be required to pay for damages such as:

  • Medical bills

  • Repairs to the victim’s car or motorcycle

  • Lost wages if the victim cannot return to work for a period of time

  • Wrongful death if the collision was fatal

Motorcyclists should be aware, however, that if they wear a GoPro, and it is not securely fastened -- either to their body or their helmet -- they may be responsible for any damages that occur if the unsecured GoPro hits another vehicle or a pedestrian.

Contact a Jacksboro, TN Personal Injury Attorney

Fighting to receive compensation for injuries after a collision can be a challenging process. If you are a motorcyclist who is being wrongfully blamed for an accident, you need professional legal representation. An experienced attorney from the Law Offices of William F. Evans will help protect your rights and make sure the facts come into focus. To schedule a free consultation with our skilled Campbell County motorcycle accident lawyers, call our office today at 423-449-7980.

 

Sources:

https://tntrafficsafety.org/motorcycles

https://www.law.cornell.edu/cfr/text/49/571.218

https://www.themotoexpert.com/are-helmet-cameras-legal-in-the-us/

 

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