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Head Injury - How Helmet Laws Affect Liability Claims...
It's more common to suffer a head injury in a bike accident than in any other form of road accident (as a percentage). Bike riders are out in the open, with nothing to prevent them from flying off their bike after being struck. This, coupled with the actual act of being hit in the first place, makes it incredibly difficult to protect the head from injury.
This is where wearing a helmet comes into play. It doesn't matter how much at fault the driver of the car is, because the wearing, or not wearing, of a helmet can affect how much they're liable for. They were negligent in causing the accident, but by not wearing a helmet, the rider can be negligent for the severity of their injuries.
There are different laws from state to state regulating the wearing of helmets. Some make helmets mandatory for motorcycles, but not bicycles. Some make helmets mandatory for riders under a certain age for one, or both, of those vehicles.
The law aside, helmets have proven again and again to protect the rider from head injury in motorcycle accidents. They make head injuries less likely and often less severe.
With bicycles there are fewer documented cases that demonstrate helmet effectiveness. So for a cyclist, whether or not they wore a helmet will be less of an issue when approaching the negotiations.
If you sustained head injuries while on a bicycle, and you were wearing a helmet, bring it up. It'll demonstrate that you are a safe rider and that the negligent party did that much more damage.
On any two wheeled vehicle where the rider is legally obligated to wear a helmet, but doesn’t, it becomes relevant to the claim. If the rider suffered head injuries, but failed to obey the helmet law, then the negligent party may not have to compensate for those injuries at all.
Of course, no matter what the laws are, the helmet won’t come into question unless there was a head injury. If the only injuries were below the neck, then no one can point to the lack of helmet as a form of negligence.
Still have questions about a head injury in a bike or motorcycle accident? Click Here.
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