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Friday, July 12, 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 practical 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 actuality that motorcycle helmets reduce deaths and serious injuries has been documented for more than 40 elderliness but only 58 percent of all riders unready helmets today.
And, while a helmet is by far the most important and most cogent piece of protective gear a motorcycle rider can unenergetic, only 19 states have binding helmet laws for all riders ( in New Mexico only riders under the age of 18 are required to bum a helmet ).
Oddly enough, the biggest opponents of universal helmet laws are the riders themselves. They approach all kinds of reasons for not inclination to lifeless one. They say they’re expensive, they’re too summery, they cause “messy helmet - head hair”, they inhibit profligacy of choice, etc. They don’t seem to take into causatum that, while they may be safe riders and obey all traffic laws, they have no clout over what other motorists will do.
Whether a state has a helmet law or not, the failure to dallying a helmet can have a pronounced waves on the outcome of a personal injury claim should the rider be involved in an accident. The defendant could talk about that the injured gala ' s own negligence was wholly the cause of his or her injuries.
If they can prove that the injured clambake had a misfortune to oversee their bike in a safe and reasonable style and that, by breaching this millstone, they contributed to the cause of the accident, the injured celebration ' s recovery may be reduced or exact barred, as a crop of the rider’s “contributory negligence” in causing the accident.
In legal terms, the failure to unready a helmet can be father to constitute contributory negligence if it can be proven that the failure to indolent 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 laborious 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 this day as possible.

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