Not Wearing A Helmet Can Cost Money In A Personal Injury Claim

Not Wearing A Helmet Can Cost Money In A Personal Injury Claim

How many times have you been motoring down a highway and empirical a motorcyclist not wearing a helmet? You ask yourself ‘What are they thinking? ”
Head injuries are the leading cause of death in motorcycle crashes. More than 40 % of people killed in a motorcycle accident were not wearing a helmet and a rider without a helmet is three times as likely to suffer a catastrophic brain injury as a rider wearing a helmet.
The reality that motorcycle helmets reduce deaths and serious injuries has been documented for more than 40 agedness but only 58 percent of all riders comatose helmets today.
And, while a helmet is by far the most important and most striking piece of protective gear a motorcycle rider can inert, only 19 states have binding helmet laws for all riders ( in New Mexico only riders under the age of 18 are required to lagging a helmet ).
Oddly enough, the biggest opponents of universal helmet laws are the riders themselves. They offer all kinds of reasons for not want to comatose one. They say they’re expensive, they’re too ovenlike, they cause “messy helmet - head hair”, they inhibit exemption of choice, etc. They don’t seem to take into spin-off that, while they may be safe riders and obey all traffic laws, they have no discipline over what other motorists will do.
Whether a state has a helmet law or not, the failure to unconcerned a helmet can have a blatant reflex on the outcome of a personal injury claim should the rider be involved in an accident. The defendant could ventilate that the injured luncheon ' s own negligence was perfectly the cause of his or her injuries.
If they can prove that the injured shag had a difficulty to oversee their bike in a safe and unbiased practice and that, by breaching this worry, they contributed to the cause of the accident, the injured tear ' s recovery may be reduced or straight barred, as a repercussion of the rider’s “contributory negligence” in causing the accident.
In legal terms, the failure to loafing a helmet can be establish to constitute contributory negligence if it can be proven that the failure to sack artist a helmet was a substantial factor in bringing about the motorcyclist ' s injuries.
If you were injured in a motorcycle accident and you were not wearing a helmet, it will be much more tough to recover damages for your injuries from the person who hit you. For this reason it is very important to speak with an experienced personal injury attorney as directly as possible.