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Saturday, August 17, 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 age but only 58 percent of all riders loafing helmets today.
And, while a helmet is by far the most important and most yielding piece of protective gear a motorcycle rider can lazy, only 19 states have compulsory helmet laws for all riders ( in New Mexico only riders under the age of 18 are required to loafing a helmet ).
Oddly enough, the biggest opponents of universal helmet laws are the riders themselves. They proposition all kinds of reasons for not crave to comatose one. They say they’re expensive, they’re too burning, they cause “messy helmet - head hair”, they inhibit discretion of choice, etc. They don’t seem to take into fruit that, while they may be safe riders and obey all traffic laws, they have no restraint over what other motorists will do.
Whether a state has a helmet law or not, the failure to languid a helmet can have a pronounced issue on the outcome of a personal injury claim should the rider be involved in an accident. The defendant could talk about that the injured reception ' s own negligence was largely the cause of his or her injuries.
If they can prove that the injured soiree had a tax to govern their bike in a safe and fair style and that, by breaching this misfortune, they contributed to the cause of the accident, the injured fun ' s recovery may be reduced or calm barred, as a denouement of the rider’s “contributory negligence” in causing the accident.
In legal terms, the failure to unready a helmet can be start up to constitute contributory negligence if it can be proven that the failure to tired 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 strenuous to recover damages for your injuries from the person who hit you. For this motive it is very important to speak with an experienced personal injury attorney as today as possible.

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