HELMETS INFLUENCE MOTORCYCLE ACCIDENTS, GET A PERSONAL INJURY ATTORNEY TO FIND OUT HOW
Sept. 22, 2020
Sixteen times the amount of serious injuries with people either injured or killed due to vehicles happen on motorcycles instead of in cars. Motorcycle accidents aren’t uncommon. A motorcyclist is more likely to be seriously injured or die due to traffic accidents when compared to motorists driving vehicles. This could leave a motorcyclist with substantial expenses due to injuries that are not covered by their health insurance. There are many facets to an accident. Who is responsible in regard to negligence? Who is entitled to compensation? If a motorist is responsible for the death of a motorcyclist, the surviving family could be entitled to compensation.
HAVE YOU BEEN INVOLVED IN A MOTORCYCLE ACCIDENT?
After an accident, insurance companies will become involved. They will want to know if a motorcyclist was wearing a helmet. Helmets are actually a critical part of an accident claim and tend to be a contentious issue. Before an insurance company can become involved you should speak with a lawyer. Motorcycle accident attorneys understand how helmets play a crucial part in motorcycle accident claims whether you were wearing one or not. It is important to understand how helmets and their usage can affect injury claims.
THE CONCEPT OF NEGLIGENCE IS CRUCIAL TO YOUR CASE
Motorcycle accident cases hinge on negligence. It is at the core of every motorcycle accident claim to find the party that is at fault for the accident. They will be held responsible and liable for the payment of damages. If settled outside of court, insurance companies look at every factor of a case. The same goes for when a claim goes to court. Both insurance companies and courts will want to know aspects concerning the case including whether speeding was involved, were there any traffic violations, was a driver distracted or texting, were either party intoxicated, and was a citation issued to anyone at the scene, and were helmets worn?
TYPES OF HELMETS MATTER
There are many different types of helmets on the market. You will be asked if you were using a helmet that meets the national safety standards. A helmet that looks great doesn’t count. Not wearing a helmet that meets safety standards is breaching your duty of care in reference to others while on the road. If you didn’t wear a helmet at all you could be considered to be at fault and negligent by legal standards.
NOT WEARING A HELMET CAN HAVE NEGATIVE REPERCUSSIONS
After all of the facts have been reviewed, it may be determined that both parties are liable. If a driver wasn’t paying attention and hit your motorcycle and you did not have a helmet on, you could still be considered at fault for a portion of your injuries. This tends to be frustrating, even if the other driver was at fault. The idea is that you would have suffered fewer injuries had you been wearing a helmet. That’s why it is considered that you are at least partially liable for any injuries.
HELMET USAGE MATTERS WHETHER YOU WERE INJURED OR NOT
You may have suffered from a leg or back injury instead of a neck or head injury. In this case, it wouldn’t matter whether you were wearing a helmet or not, it doesn’t have much impact concerning liability. However, that does not mean that the lack of using a helmet won’t be addressed by the other party’s attorney. They could still try to use it against you. In this case, you need medical evidence to support your case and show that the use of a helmet wouldn’t have had any bearing.
SPEAK WITH A PERSONAL INJURY LAWYER
Being involved in a motorcycle accident can be scary, stressful, and emotional. Is the accident the cause of another person’s negligence? If so, you need to speak with a personal injury lawyer that can assist you in navigating the legal system in regard to your case. Schedule a free consultation to discuss the details of your accident.