Helmets are the most effective and important piece of safety gear a motorcyclist or passenger can wear. Helmet use saves lives by reducing the severity of injuries sustained in an accident, and helmetless riders are 300% more likely to suffer traumatic brain injuries when compared to those who wear them. Because of the inherent danger, riders and passengers in many areas are required by law to wear helmets.
Despite resistance from some in the motorcycling community, many jurisdictions have laws requiring the use of protective gear. Some laws require riders and passengers to wear gear such as face shields and goggles, but the most common law is the one requiring helmet use. Helmet laws are effective in increasing compliance and reducing fatalities and injuries. However, the opposition has come in the form of challenges to the legality of such legislation. The basic principle of requiring helmet use has been, for the most part, deemed constitutional.
Failing to Use a Helmet
In personal injury suits brought by injured riders, the other motorist may raise the issue of the rider’s negligence. An injured rider’s legal recovery through a motorcycle accident lawyer in Centerville, OH, may be reduced or eliminated by their contributory negligence. In determining negligence, there’s a difference between negligence that contributes to an accident and that which contributes to the injury. Omissions or acts that add to the injuries cannot defeat a recovery.
Helmet Use and Proximate Cause
In some areas, failure to use a helmet is treated the same as other negligent acts by motorcyclists, such as speeding or failing to signal. In such places, when the motorcyclist’s non-usage of a helmet contributes to their own injuries, it’s deemed to be a proximate cause of the injury, and it can limit or eliminate recovery. However, when a motorcyclist’s failure to wear a helmet does not contribute to the injury, it’s not considered a proximate cause, and it does not affect their recovery.
Hire a Personal Injury Attorney
Not all areas have helmet laws, and some courts hold that proof of a motorcyclist’s failed helmet use is not admissible as evidence in a personal injury suit. It is vital to Visit tsmslaw.com to discuss the case’s facts with a motorcycle accident lawyer in Centerville, OH who knows local evidentiary and helmet laws. A local lawyer knows how those laws apply to a particular case.