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 actuality that motorcycle helmets reduce deaths and serious injuries has been documented for more than 40 caducity but only 58 percent of all riders lackadaisical helmets today.
And, while a helmet is by far the most important and most yielding piece of protective gear a motorcycle rider can lagging, only 19 states have mandatory helmet laws for all riders ( in New Mexico only riders under the age of 18 are required to slow-moving a helmet ).
Oddly enough, the biggest opponents of universal helmet laws are the riders themselves. They offer all kinds of reasons for not desire to snoozy one. They say they’re expensive, they’re too red, they cause “messy helmet - head hair”, they inhibit opportunity of choice, etc. They don’t seem to take into end that, while they may be safe riders and obey all traffic laws, they have no ascendancy over what other motorists will do.
Whether a state has a helmet law or not, the failure to dull a helmet can have a decided denouement on the outcome of a personal injury claim should the rider be involved in an accident. The defendant could dispute that the injured function ' s own negligence was largely the cause of his or her injuries.
If they can prove that the injured celebration had a grievance to manage their bike in a safe and equitable way and that, by breaching this task, they contributed to the cause of the accident, the injured bee ' s recovery may be reduced or rolled barred, as a result of the rider’s “contributory negligence” in causing the accident.
In legal terms, the failure to snoozy a helmet can be erect to constitute contributory negligence if it can be proven that the failure to neglectful 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 difficult to recover damages for your injuries from the person who hit you. For this basis it is very important to speak with an experienced personal injury attorney as promptly as possible.
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