Motorcycle crashes in Arizona - motorcycle accident attorneys motor bike accident & personal injury attorney
How Helmet Laws Can Effect Personal Injury Claims
Even motorcyclists who choose to ride without a helmet know they are tempting fate should they be involved in a motorcycle crash. At the Law Office of Randy J. Hurwitz, our Arizona motorcycle accident attorneys would like to remind riders that they are tempting fate in another way as well; namely the ability to collect should they be involved in a motor bike accident that is not their fault. Helmet laws vary from state to state, meaning that depending on the state you live in not wearing a helmet can adversely affect how much the negligent party is liable for. It's like adding insult to personal injury, literally.
An experienced personal injury attorney will tell you this much: if a motorcycle rider is legally obligated to wear a helmet and still doesn't it is instantly relevant to the claim. Simply put, the failure to wear a helmet can decrease your compensation considerably/ Why? because negligence can work two ways, and even if you didn't cause an accident it is still possible for you to be negligent for the severity of the injuries you sustained.
In a case whereby a rider chose not to wear a helmet although legally obligated to do so and sustained head injuries, the defense would no doubt argue that such head injuries could have been prevented or mitigated had the rider obeyed the law. If a judge or a jury agrees with the defense then the compensation you otherwise would have been entitled to may be reduced significantly. In short your monetary recovery depends on your state's helmet laws, the nature of your injuries, and whether or not you were wearing a helmet if legally obligated to.
Given the damage that not wearing a helmet can do to you physically, mentally, and financially, it always makes the most sense to wear a helmet regardless of the laws in your state. A the end of the day you'll be protecting not only your physical well being but your rights in a personal injury claim.
And if you or someone you love has been injured in a motorcycle accident, we invite you to consult with our team of experienced motorcycle lawyers. We'll bring order to a chaotic time and put our record of success to work for you.
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