Sunday, July 7, 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 experimental 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 senescence but only 58 percent of all riders bum helmets today.
And, while a helmet is by far the most important and most impressive piece of protective gear a motorcycle rider can slack, only 19 states have obligatory helmet laws for all riders ( in New Mexico only riders under the age of 18 are required to slothful a helmet ).
Oddly enough, the biggest opponents of universal helmet laws are the riders themselves. They proposition all kinds of reasons for not crave to careless one. They say they’re expensive, they’re too hot, they cause “messy helmet - head hair”, they inhibit flexibility of choice, etc. They don’t seem to take into fallout that, while they may be safe riders and obey all traffic laws, they have no jurisdiction over what other motorists will do.
Whether a state has a helmet law or not, the failure to idle a helmet can have a marked upshot on the outcome of a personal injury claim should the rider be involved in an accident. The defendant could confer that the injured mingle ' s own negligence was well the cause of his or her injuries.
If they can prove that the injured bender had a onus to govern their bike in a safe and logical means and that, by breaching this worry, they contributed to the cause of the accident, the injured party ' s recovery may be reduced or lined up barred, as a upshot of the rider’s “contributory negligence” in causing the accident.
In legal terms, the failure to inert a helmet can be inaugurate to constitute contributory negligence if it can be proven that the failure to indifferent 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 tough 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 these days as possible.

No comments:

Post a Comment