Of all the protective equipment a motorcycle rider could wear, the helmet is the most effective and important component. Helmet usage saves lives by reducing the severity of head injuries in the event of a motorcycle accident in Terre Haute, IN. A motorcyclist who doesn’t wear a helmet is three times more likely to suffer brain injuries than one who does and, because of the elevated risk, many states require motorcycle riders and passengers to wear helmets.
The Effectiveness of Mandatory Helmet Laws
Compulsory helmet usage for riders and passengers have proven effective in the reduction of fatalities and brain injuries in a motorcycle accident in Terre Haute, IN. However, these laws have met with resistance from the rider community, with the strongest opposition coming in the form of legal challenges to the law.
Consequences of Failing to Wear a Helmet
In personal injury cases arising from motorcycle accidents, the other motorist can raise the issue of the motorcyclist’s negligence. An injured biker’s recovery can be reduced or barred as a result of contributory negligence, and there’s a substantial difference between negligence that causes an accident and negligent acts that cause injuries. Errors that make injuries worse cannot preclude motorcyclists from making an economic recovery.
The Basics of Mandatory Helmet Use Laws
In states requiring motorcyclists to wear helmets, laws provide for criminal penalties, or they don’t state, how a violation can help to determine whether a motorcyclist is negligent. In these areas, and in those without helmet laws, a motorcyclist’s failure to wear a helmet doesn’t factor into a negligence defense. Some states consider non-usage of a helmet to be a negligent act equivalent to speeding or failure to signal.
In such states, when non-usage of a helmet worsens a motorcyclist’s injuries, it’s considered a proximate cause and it can limit or preclude an economic recovery. However, if the failure doesn’t contribute to the motorcyclist’s injuries, it’s not considered a cause and it cannot prevent a lawyer from making a recovery.
Not all areas have helmet laws and courts have held that proof of a biker’s failure to wear a helmet cannot be used in a personal injury suit. It’s important for injured riders to discuss their cases with , where the attorneys know state helmet laws, and they know how to apply them to a case.
