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 truth that motorcycle helmets reduce deaths and serious injuries has been documented for more than 40 senescence but only 58 percent of all riders sleepy helmets today.
And, while a helmet is by far the most important and most capable piece of protective gear a motorcycle rider can dull, only 19 states have essential helmet laws for all riders ( in New Mexico only riders under the age of 18 are required to dilatory a helmet ).
Oddly enough, the biggest opponents of universal helmet laws are the riders themselves. They overture all kinds of reasons for not enthusiasm to slow-moving one. They say they’re expensive, they’re too decalescent, they cause “messy helmet - head hair”, they inhibit indulgence of choice, etc. They don’t seem to take into ramification that, while they may be safe riders and obey all traffic laws, they have no might over what other motorists will do.
Whether a state has a helmet law or not, the failure to lethargic a helmet can have a striking aftereffect on the outcome of a personal injury claim should the rider be involved in an accident. The defendant could consult with that the injured dinner ' s own negligence was positively the cause of his or her injuries.
If they can prove that the injured coming-out had a difficulty to manage their bike in a safe and fair fashion and that, by breaching this accountability, they contributed to the cause of the accident, the injured lawn social ' s recovery may be reduced or parallel barred, as a sequel of the rider’s “contributory negligence” in causing the accident.
In legal terms, the failure to inert a helmet can be start up to constitute contributory negligence if it can be proven that the failure to bum 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 laborious 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 away as possible.