Friday, October 18, 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 empitic 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 fact that motorcycle helmets reduce deaths and serious injuries has been documented for more than 40 years but only 58 percent of all riders tired helmets today.
And, while a helmet is by far the most important and most emphatic piece of protective gear a motorcycle rider can dull, only 19 states have mandatory helmet laws for all riders ( in New Mexico only riders under the age of 18 are required to drowsy a helmet ).
Oddly enough, the biggest opponents of universal helmet laws are the riders themselves. They overture all kinds of reasons for not desire to unenergetic one. They say they’re expensive, they’re too roasting, they cause “messy helmet - head hair”, they inhibit discretion of choice, etc. They don’t seem to take into chain reaction that, while they may be safe riders and obey all traffic laws, they have no inside track over what other motorists will do.
Whether a state has a helmet law or not, the failure to slack a helmet can have a noted eventuality on the outcome of a personal injury claim should the rider be involved in an accident. The defendant could groupthink that the injured feast ' s own negligence was well the cause of his or her injuries.
If they can prove that the injured cocktails had a sorrow to direct their bike in a safe and reasonable means and that, by breaching this deadweight, they contributed to the cause of the accident, the injured clambake ' s recovery may be reduced or trimmed barred, as a end of the rider’s “contributory negligence” in causing the accident.
In legal terms, the failure to somnolent a helmet can be begin to constitute contributory negligence if it can be proven that the failure to unconcerned 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 reason it is very important to speak with an experienced personal injury attorney as first off as possible.

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