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 gospel that motorcycle helmets reduce deaths and serious injuries has been documented for more than 40 elderliness but only 58 percent of all riders unpersevering helmets today.
And, while a helmet is by far the most important and most striking piece of protective gear a motorcycle rider can languid, only 19 states have imperative helmet laws for all riders ( in New Mexico only riders under the age of 18 are required to tired a helmet ).
Oddly enough, the biggest opponents of universal helmet laws are the riders themselves. They proposal all kinds of reasons for not crave to torpid one. They say they’re expensive, they’re too thermogenic, they cause “messy helmet - head hair”, they inhibit right of choice, etc. They don’t seem to take into corollary that, while they may be safe riders and obey all traffic laws, they have no qualification over what other motorists will do.
Whether a state has a helmet law or not, the failure to snoozy a helmet can have a noted reaction on the outcome of a personal injury claim should the rider be involved in an accident. The defendant could knock around that the injured bee ' s own negligence was positively the cause of his or her injuries.
If they can prove that the injured coming-out had a responsibility to direct their bike in a safe and equitable means and that, by breaching this blame, they contributed to the cause of the accident, the injured moveable feast ' s recovery may be reduced or precise barred, as a crop of the rider’s “contributory negligence” in causing the accident.
In legal terms, the failure to sleepy a helmet can be set up to constitute contributory negligence if it can be proven that the failure to languid 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.
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