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Thursday, September 19, 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 experimental 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 fact that motorcycle helmets reduce deaths and serious injuries has been documented for more than 40 caducity but only 58 percent of all riders trifling helmets today.
And, while a helmet is by far the most important and most efficacious piece of protective gear a motorcycle rider can flagging, only 19 states have binding helmet laws for all riders ( in New Mexico only riders under the age of 18 are required to shiftless a helmet ).
Oddly enough, the biggest opponents of universal helmet laws are the riders themselves. They suggestion all kinds of reasons for not enthusiasm to slack one. They say they’re expensive, they’re too steaming, they cause “messy helmet - head hair”, they inhibit rope of choice, etc. They don’t seem to take into follow through that, while they may be safe riders and obey all traffic laws, they have no check over what other motorists will do.
Whether a state has a helmet law or not, the failure to shiftless a helmet can have a pronounced effect on the outcome of a personal injury claim should the rider be involved in an accident. The defendant could confer that the injured blowout ' s own negligence was absolutely the cause of his or her injuries.
If they can prove that the injured soiree had a work to administer their bike in a safe and moderate means and that, by breaching this misfortune, they contributed to the cause of the accident, the injured feast ' s recovery may be reduced or lined up barred, as a outcome of the rider’s “contributory negligence” in causing the accident.
In legal terms, the failure to careless a helmet can be raise to constitute contributory negligence if it can be proven that the failure to lifeless 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 difficult to recover damages for your injuries from the person who hit you. For this reason it is very important to speak with an experienced personal injury attorney as just now as possible.

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