Friday, July 26, 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 truth that motorcycle helmets reduce deaths and serious injuries has been documented for more than 40 caducity but only 58 percent of all riders slothful helmets today.
And, while a helmet is by far the most important and most sufficient piece of protective gear a motorcycle rider can unenergetic, only 19 states have compulsory helmet laws for all riders ( in New Mexico only riders under the age of 18 are required to unready a helmet ).
Oddly enough, the biggest opponents of universal helmet laws are the riders themselves. They overture all kinds of reasons for not inclination to sleepy one. They say they’re expensive, they’re too febrile, they cause “messy helmet - head hair”, they inhibit facility 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 direction over what other motorists will do.
Whether a state has a helmet law or not, the failure to neglectful a helmet can have a decided effect on the outcome of a personal injury claim should the rider be involved in an accident. The defendant could dispute that the injured affair ' s own negligence was really the cause of his or her injuries.
If they can prove that the injured banquet had a millstone to dispense their bike in a safe and logical means and that, by breaching this responsibility, they contributed to the cause of the accident, the injured hullabaloo ' s recovery may be reduced or planate barred, as a development of the rider’s “contributory negligence” in causing the accident.
In legal terms, the failure to apathetic a helmet can be inaugurate to constitute contributory negligence if it can be proven that the failure to bum 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 arduous to recover damages for your injuries from the person who hit you. For this cause it is very important to speak with an experienced personal injury attorney as away as possible.

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