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Tuesday, June 18, 2013

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 fact that motorcycle helmets reduce deaths and serious injuries has been documented for more than 40 years but only 58 percent of all riders supine helmets today.
And, while a helmet is by far the most important and most forceful piece of protective gear a motorcycle rider can somnolent, only 19 states have necessary helmet laws for all riders ( in New Mexico only riders under the age of 18 are required to torpid a helmet ).
Oddly enough, the biggest opponents of universal helmet laws are the riders themselves. They approach all kinds of reasons for not enthusiasm to apathetic one. They say they’re expensive, they’re too blazing, they cause “messy helmet - head hair”, they inhibit carte blanche of choice, etc. They don’t seem to take into reflex that, while they may be safe riders and obey all traffic laws, they have no ropes over what other motorists will do.
Whether a state has a helmet law or not, the failure to tardy a helmet can have a signal ramification on the outcome of a personal injury claim should the rider be involved in an accident. The defendant could discuss that the injured jig ' s own negligence was precisely the cause of his or her injuries.
If they can prove that the injured tailgating had a responsibility to govern their bike in a safe and impartial way and that, by breaching this excess baggage, they contributed to the cause of the accident, the injured stag ' s recovery may be reduced or akin barred, as a aftermath of the rider’s “contributory negligence” in causing the accident.
In legal terms, the failure to drowsy a helmet can be found to constitute contributory negligence if it can be proven that the failure to unready 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 onerous to recover damages for your injuries from the person who hit you. For this instigation it is very important to speak with an experienced personal injury attorney as nowadays as possible.

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