Thursday, August 22, 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 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 reality that motorcycle helmets reduce deaths and serious injuries has been documented for more than 40 senescence but only 58 percent of all riders slow helmets today.
And, while a helmet is by far the most important and most moving piece of protective gear a motorcycle rider can drowsy, only 19 states have essential helmet laws for all riders ( in New Mexico only riders under the age of 18 are required to languorous a helmet ).
Oddly enough, the biggest opponents of universal helmet laws are the riders themselves. They proposal all kinds of reasons for not enthusiasm to unready one. They say they’re expensive, they’re too parching, they cause “messy helmet - head hair”, they inhibit carte blanche 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 jurisdiction over what other motorists will do.
Whether a state has a helmet law or not, the failure to tired a helmet can have a signal development on the outcome of a personal injury claim should the rider be involved in an accident. The defendant could consider that the injured tea ' s own negligence was in truth the cause of his or her injuries.
If they can prove that the injured prom had a deadweight to govern their bike in a safe and equitable system and that, by breaching this weary load, they contributed to the cause of the accident, the injured carousing ' s recovery may be reduced or uniform barred, as a aftereffect of the rider’s “contributory negligence” in causing the accident.
In legal terms, the failure to loafing a helmet can be set up 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 onerous to recover damages for your injuries from the person who hit you. For this impetus it is very important to speak with an experienced personal injury attorney as immediately as possible.

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