Helmets are one of the most effective pieces of protective equipment a rider or passenger can wear, and they save lives by reducing the severity of head injuries in traffic accidents. A motorcyclist who does not wear a helmet is three times more likely to suffer brain injuries than one who does wear a helmet, and many motorcyclists die every year because of head injuries. Because of the risk, riders and passengers in many jurisdictions are required by law to wear helmets. In this article, readers will learn about helmet laws, and they will also learn about the effects of helmet use on personal injury suits filed by a Motorcycle Accident Lawyer.
Helmet Laws
Despite an absence of motorcyclist support, many areas have enacted laws requiring helmet use. Some laws require passengers and riders to wear things such as face shields and goggles, but the most controversial laws are those that mandate helmet use. Helmet laws have proven effective in increasing usage and reducing fatalities and injuries in accidents. However, they have met strong resistance from the riding community.
Failing to Use a Helmet
In a motorcyclist’s personal injury suit, the other party may raise issues of the plaintiff’s negligence. Legal recovery may be reduced or barred because of contributory negligence; there’s a difference between contributing to the crash and contributing to injuries. An act that increases the severity of injuries cannot singly defeat a recovery.
Penalties for Not Wearing a Helmet
In areas with helmet laws, those rules either provide for criminal penalties or they do not state the effects of violations on the documentation of a motorcyclist’s negligence. In these areas and in those with no helmet laws, a motorcyclist’s failure to use a helmet is not settled. It may constitute negligence on the rider’s part, or it can be relevant to issues of damages and injuries.
Not all areas have laws requiring helmet use among motorcyclists, and courts hold that evidence of the rider’s failing to use a helmet cannot be used as evidence in personal injury suits. It’s important to discuss a case’s facts with a Motorcycle Accident Lawyer with the W. Ware Morrison Law Group, who knows state evidentiary and helmet laws that can apply to the case.
