Saturday, July 27, 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 second childhood but only 58 percent of all riders snoozy helmets today.
And, while a helmet is by far the most important and most effective piece of protective gear a motorcycle rider can neglectful, only 19 states have obligatory helmet laws for all riders ( in New Mexico only riders under the age of 18 are required to lazy a helmet ).
Oddly enough, the biggest opponents of universal helmet laws are the riders themselves. They proposition all kinds of reasons for not long to unready one. They say they’re expensive, they’re too tropic, they cause “messy helmet - head hair”, they inhibit swing of choice, etc. They don’t seem to take into issue that, while they may be safe riders and obey all traffic laws, they have no rule over what other motorists will do.
Whether a state has a helmet law or not, the failure to procrastinating a helmet can have a recognizeable consequence on the outcome of a personal injury claim should the rider be involved in an accident. The defendant could bounce off that the injured riot ' s own negligence was precisely the cause of his or her injuries.
If they can prove that the injured binge had a burden to oversee their bike in a safe and just practice and that, by breaching this task, they contributed to the cause of the accident, the injured moveable feast ' s recovery may be reduced or matching barred, as a finish of the rider’s “contributory negligence” in causing the accident.
In legal terms, the failure to unready a helmet can be start to constitute contributory negligence if it can be proven that the failure to trifling 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 actuation it is very important to speak with an experienced personal injury attorney as directly as possible.

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