Fatalities in motorcycles accidents are predominantly caused due to head injuries sustained by the decedent during the accident. A motorcyclist involved in an accident is three times more likely to sustain head injuries if they were not wearing a helmet compared to motorcyclists who were wearing a helmet.
Helmets, therefore, help save lives by reducing the extent and severity of the head injuries incurred in instances of road accidents involving motorcyclists. Despite being the single most effective protective equipment that can be worn by a motorcyclist and unquestionably increasing the safety of the motorcyclist, helmet laws have always been met by resistance by the motorcycling community. Most states, however, implement strict regulations enforcing all motorcyclists as well as passengers to wear protective headgear while riding a motorbike, regardless.
In instances of an accident, if a motorcyclist brings a legal recovery claim to court, his personal injuries claim may be reduced or denied if there is evidence of contributory negligence such as not wearing a helmet, that added to the injuries. Contributory negligence can be classified into two types: negligence that contributed to the accident and negligence that contributed to the injuries sustained by the motorcyclist. Not wearing a helmet comes under negligence contributing to the injuries, and not the cause of the accident itself. Thus this would not preclude the motorcyclist from a recovery claim.
If you or a loved one has been in a motorcycle accident and sustained injuries, whether you were wearing a helmet or not, you should consider consulting an attorney. An experienced motorcycle accident lawyer will review your case and work in your best interests. They will also help you understand the helmet laws in your state and how they may affect your legal claim.
