by The helmet and the motorcycle accident law – the helmet is no doubt the most important equipment that should be worn by a motorcycle rider. In the event of an accident, extent of head injuries that could be very fatal in some cases are normally reduced or prevented by a helmet. A motorcyclist involved in an accident without a helmet is most likely to suffer severe head injury than one who is wearing a helmet. Statistics show that head injuries sustained in motorcycle bike accidents are a major cause of motorcycle accidents deaths each year. This has therefore made most states include in their motorcycle accident law a requirement by the riders to mandatorily wear helmets.
Mandatory Helmet Law- it is a common feature in a number of states to find the helmet law enacted in the motorcycle accident law. The law to wear a helmet though controversial in some instances, it is a statute that is fully effected in several states and local jurisdictions.
In almost every motorcycle accident law, you will find the mandatory helmet laws which are meant for riders and their passengers and these laws have proven effective to a greater effect in decreasing head injuries and deaths resulting from motorcycle accidents. The laws to some extent have also increased the use of helmets. The helmets laws have also had their fair share of critics especially from motorcyclists who have challenged their legality. However, the statute requiring riders and passengers to wear helmets is a principle that has been constitutionally upheld by several states.
Neglecting the helmet law- the negligence of the motorcyclist could be an issue of debate in the case where a motorcyclist brings Fredericton personal injury law firm action against an opposing motorist. If in the assessment it is established that the accident was caused by the motorcyclists own negligence, then the motorcyclist might find it difficult getting legal recovery.
In most states, if a motorcyclist fails to wear a helmet then this is determined as constituting negligence on the side of the rider and may form a critical point in the determination of the facts regarding injuries and damages. This is especially when it is established that the motorcyclist negligence to wear a helmet substantially contributed to injuries sustained.
Some states treats not wearing a helmet on the part of a motorcyclist as another act of negligence and the motorcyclist faces almost the same course of action as would be a person travelling at high speed or fails to use lights such as turn lights. When the motorcyclist injuries OTLAare caused by failure to wear a helmet, then some states classify it as a Proximate case and this may hinder the motorcyclist receiving his or her recovery.