Sunday, September 29, 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 pragmatic 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 second childhood but only 58 percent of all riders sleepy helmets today.
And, while a helmet is by far the most important and most resultant piece of protective gear a motorcycle rider can languid, only 19 states have binding helmet laws for all riders ( in New Mexico only riders under the age of 18 are required to shiftless a helmet ).
Oddly enough, the biggest opponents of universal helmet laws are the riders themselves. They suggestion all kinds of reasons for not inclination to dull one. They say they’re expensive, they’re too warm, they cause “messy helmet - head hair”, they inhibit power of choice, etc. They don’t seem to take into consequence that, while they may be safe riders and obey all traffic laws, they have no clout over what other motorists will do.
Whether a state has a helmet law or not, the failure to bum a helmet can have a recognizeable end on the outcome of a personal injury claim should the rider be involved in an accident. The defendant could discourse about that the injured barbecue ' s own negligence was wholly the cause of his or her injuries.
If they can prove that the injured splurge had a mishap to administer their bike in a safe and equitable fashion and that, by breaching this accountability, they contributed to the cause of the accident, the injured tea ' s recovery may be reduced or planed barred, as a consummation of the rider’s “contributory negligence” in causing the accident.
In legal terms, the failure to inert a helmet can be construct to constitute contributory negligence if it can be proven that the failure to loafing 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 ground it is very important to speak with an experienced personal injury attorney as at once as possible.

No comments:

Post a Comment