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Free Consultations
No Fee Unless We Win

Gridley Ward & Hamilton - Logo

Serving Northern Utah for Over 45 Years

A Tradition of Success

This is a placeholder for the Yext Knolwedge Tags. This message will not appear on the live site, but only within the editor. The Yext Knowledge Tags are successfully installed and will be added to the website.
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Available 24 Hours

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Can Helmet Use Affect Motorcycle Accident Cases?

November 21, 2022

Motorcycle helmets may be unpopular with some, but their effect on safety and injury severity is no joke. As the number of motorcycle riders increases in the United States, that effect on safety will only become more pronounced. According to the Insurance Institute for Highway Safety (IIHS), the number of motorcycle riders in the United States in 2021 was more than twice the number in 2002. Helmets reduce brain injury, severe head injury, and death, so as more people begin riding motorcycles, it becomes more urgent that they wear helmets.



How Not Wearing a Helmet Can Impact a Personal Injury Case


Those who still choose not to wear helmets take risks not only with their own lives but with their ability to sue for personal injury as a result of an accident. The idea is that if you choose not to wear a safety device and then get hurt, that's at least partly your fault. You can't expect the other party to fully compensate you for your injuries when you could have taken steps to reduce the injuries you suffered. But even then, there are exceptions as this mainly applies to helmet-related injuries. You can get more detail from an auto accident law firm.



Is Refusing to Wear a Helmet a Form of Negligence?


Findlaw says that not wearing a helmet can affect your ability to recover damages through lawsuits because of contributory negligence. By not wearing the helmet, you contribute to your own injuries, and this shows negligence on your part. What that does if you're suing someone is potentially reduce the award you could get. The other party might still be at fault for the accident itself, but they're not at fault for the severity of your injuries if they're related to you not wearing a helmet.



It Depends on the Cause of the Injuries


That last part is important. You can be negligent only if the injuries could have been prevented or lessened by wearing a helmet. If your injuries involve, for example, an injured foot, that has nothing to do with whether or not you wore a helmet, and your helmet use (or lack thereof) wouldn't affect your award. An auto accident law firm would be able to help you get the most appropriate compensation for your specific injuries.

As uncool as you might think it is to wear a helmet, it's one of the best ways to protect yourself. If you have been in an accident and need legal assistance with any type of injury, contact a lawyer at an
auto accident law firm like Gridley, Ward & Hamilton.

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