Use of helmets and motorcycle accident personal injury claims
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Use of helmets and motorcycle accident personal injury claims

| Apr 29, 2020 | Firm News

Helmets, as many people in St. Charles may agree, are one of the best protection equipment for a motorcyclist. After all, it is one of the most foolproof ways of protecting a motorcyclist from serious injuries in the event of an accident. It is for this reason that helmets are recommended by experts to all motorcyclists, and Missouri made helmets mandatory for all motorcycle riders many years back, in 1967.

Motorcyclists in Missouri would already know that the failure to wear a helmet can have consequences. In addition to the possibilities of suffering grievous injuries, motorcycle accident victims who were not wearing a helmet may face certain challenges in obtaining adequate compensation when they pursue a personal injury claim in the aftermath of a motorcycle accident caused by another vehicle.

A common question that a defendant motorist’s lawyer may put across is whether the motorcycle rider was wearing a helmet at the time of the crash. That lawyer may try to push the narrative that the extent of the injuries was aggravated due to the rider’s failure to wear a helmet. In other words, the defendant’s lawyer may be able to prove contributory negligence on part of the motorcyclist, which may lead the judge to reduce the compensation amount that is payable to the motorcycle accident victim.

However, motorcyclists and victims of motorcycle accidents should know that despite the concept of contributory negligence, the failure to wear a helmet does not completely rule out the possibility of obtaining fair compensation in the aftermath of an accident. With the right legal approach, victims may often be able to establish the fault of the driver of the vehicle that caused the accident.