Motorcyclists wear many pieces of protective gear, but a helmet is the most important component. Helmets can save passengers’ and riders’ lives by reducing the severity of head trauma after a motorcycle accident in Terre Haute, IN. A rider without a helmet is three times more likely than a helmeted rider to suffer a traumatic head injury (TBI), and many riders die every year because of head injuries. Because of the high danger, motorcyclists and passengers in many areas are required by law to wear helmets.
Helmet Laws
Despite widespread derision among riders, many jurisdictions have motorcycle helmet laws. These statues have been proven effective in the reduction of head injuries and the increase in helmet use, but they have met resistance in the community. The constitutionality of certain language within helmet laws has been challenged, but the basic principle has been constitutionally upheld.
Failing to Use a Helmet
In personal injury suits filed by motorcyclists, the opposing party may raise the issue of the rider’s negligence. A rider’s financial recovery may be reduced or barred by their contributory negligence. Here, there’s a distinction between negligence causing a motorcycle accident in Terre Haute, IN, and that which contributes to the rider’s injuries. An act that adds to the severity of one’s injuries cannot defeat an economic recovery.
In some areas, failure to wear a helmet as legally required is treated the same as any other negligent act on a motorcyclist’s part, such as speeding or failure to signal. In these jurisdictions, when the lack of a helmet contributes to a rider’s injuries, it is regarded as a proximate cause and can limit or bar recovery. However, if the failure does not contribute to the rider’s injuries, it cannot affect his or her right to damages.
Hiring a Lawyer
Not all areas have mandatory helmet laws, and some courts have found that proof of an injured rider’s failure to wear a helmet isn’t admissible in a personal injury claim. Injured riders and passengers should discuss their cases’ facts with Dan McGlone, a personal injury lawyer who knows evidentiary and helmet laws that could apply in a particular situation.
