Am I Required To Wear A Helmet And Safety Gear When Riding A Motorcycle?
If you are a driver or a passenger in a car and you are not wearing your seatbelt or a motorcycle rider not wearing your helmet, there is a specific jury instruction where the onus may be placed on the injured victim to prove that this injury would have occurred, even if the seatbelt or helmet was worn. This may be very difficult to prove and can result in a diminished recovery or settlement.
You should always faster your seatbelt or wear your helmet. Failure to do so will cause devastating injury to you. Motorcycle helmets are mandatory in the state of California. Wearing a proper helmet that protects the face and the head will minimize injury significantly. Even in a small impact, just the dropping of the motorcycle can cause significant injuries to the lower extremities and can cause you to strike your head against the asphalt or surface. When you drop a motorcycle, your head will hit the pavement. A helmet is going to protect your brain and minimize the impact of the traumatic brain injury sustained in the closed head injury,
There is also now added equipment to the back of the helmet that protects the neck, or part of the jacket if worn. Wearing this jacket equipped with the neck guard and a helmet even on hot summer days albeit a potential miserable experience will minimize the injury should an unforeseen collision occur. I should point out, failure to wear a helmet will not only cause greater injury, but can minimize your financial recovery for the injuries sustained. The insurer through their attorneys will instruct the jury by means of a jury instruction stating you failed to minimize your own injury and that had you worn a helmet the injury may not have occurred or would have been less severe. This can affect the result of the jury award. As stated previously, jurors who are fellow motorists have a distaste for motorcycles. They don’t like them because they are loud, they share or split lanes, and they get to go faster between lanes while they cannot. Wearing your helmet will help protect you and help get you the best possible financial award/settlement you are entitled to by changing the heart and minds of your fellow motorist who may serve on a jury.
For more information on Wearing A Helmet While Riding A Motorcycle, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (714) 617-2225 today.
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