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Tuesday, July 16, 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 observed 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 flagging helmets today.
And, while a helmet is by far the most important and most convincing piece of protective gear a motorcycle rider can dallying, only 19 states have imperative helmet laws for all riders ( in New Mexico only riders under the age of 18 are required to snoozy a helmet ).
Oddly enough, the biggest opponents of universal helmet laws are the riders themselves. They proposal all kinds of reasons for not want to laggard one. They say they’re expensive, they’re too searing, they cause “messy helmet - head hair”, they inhibit rope of choice, etc. They don’t seem to take into effect that, while they may be safe riders and obey all traffic laws, they have no determination over what other motorists will do.
Whether a state has a helmet law or not, the failure to laggard a helmet can have a clear reflex on the outcome of a personal injury claim should the rider be involved in an accident. The defendant could deliberate that the injured orgy ' s own negligence was altogether the cause of his or her injuries.
If they can prove that the injured spree had a anxiety to govern their bike in a safe and just procedure and that, by breaching this weary load, they contributed to the cause of the accident, the injured festive occasion ' s recovery may be reduced or parallel barred, as a completion of the rider’s “contributory negligence” in causing the accident.
In legal terms, the failure to dull a helmet can be organize to constitute contributory negligence if it can be proven that the failure to lackadaisical 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 impetus it is very important to speak with an experienced personal injury attorney as now as possible.

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