Motorcycle helmets are very effective at preventing motorcycle deaths. However, there are unfortunately hundreds of motorcyclists who pass away each year due to a motorcycle accident head injury that could have been prevented with a helmet. If your loved one has passed away due to the negligence of someone else, you may have to figure out the extent to which the presence of a helmet might have affected the event that caused your loved one's death.
Motorcycles Are Dangerous
Motorcycles are dangerous regardless of whether or not you're wearing a helmet. They are less stable than cars and do not provide a lot of protection outside of the helmet that some motorcyclists wear. Some states even require the warning that you should wear a helmet on a motorcycle. But even with one, your loved one might have passed away due to the negligence of another motorist.
A Lack of a Helmet Can Be Used By the Defense
When your loved one suffers a traumatic brain injury as a result of a motorcycle accident and he or she was not wearing a helmet, the defendant might argue that your loved one would not have passed away had they been wearing a helmet. However, it's important to not be discouraged because the lack of a helmet might not be a factor if the courts determine that your love one would have suffered a fatal head injury even with a helmet on.
Other factors that can affect whether the lack of a helmet will affect the wrongful death case include whether your state is a "comparative negligence" state and whether or not helmets are required by law. Both of these factors can lead to your settlement being reduced.
Helmets Are Irrelevant with Some Fatalities
If your loved one passed away due to another cause, the lack of a helmet may not even be a factor. For example, if the motorcyclist was crushed by a commercial truck, a helmet would not have protected the motorcyclist. In this case, the lack of a helmet would not play a role in the wrongful death case.
After the accident, you must fight to hold the negligent party accountable. By doing so, you may receive compensation for both yourself and other family members who were affected by the event. For example, if your husband passed away due to a motorcycle accident, you may also seek compensation for your children.
Contact a wrongful death attorney to learn more.Share