07 Oct IS NOT WEARING A HELMET OR SEATBELT CONSIDERED NEGLIGENCE?
Posted By Gruenberg Kelly Della || 7-Oct-2019
During a car or motorcycle accident, there are a lot of things that can influence the severity of your injuries: How fast was the other driver going? What kind of car were they driving? What kind of car or motorcycle were you driving? At what angle were you hit?
Many of these factors are unfortunately out of your control, but there are things every driver can do to protect their own safety in the event of an accident. For drivers behind the wheel of a car, wearing a seatbelt can minimize the impact of a collision. For motorcycle riders, wearing a helmet could truly be the difference between life and death.
If a person chooses not to wear a seatbelt or helmet, that choice can certainly contribute to more severe injuries. But what are the legal implications of that choice? Is it negligent to go without a seatbelt or helmet?
According to the non-legal definition of the word negligent, going without a seatbelt or helmet definitely qualifies as such. People who do not take those safety precautions disregard their own health and effectively assume the risks that can result.
However, the legal definition of negligence is a little different. A person who is found negligent in relation to a motorcycle or car accident case could be liable for the damages that result.
The question of liability is tricky, because the person who is not wearing their helmet or seatbelt is only harming themselves by doing so. They may not be at fault for the accident, but it could be argued that the person is responsible for paying for their own injury-related expenses because they technically “caused” their own harm.
In these situations, a victim’s ability to recover compensation will depend on what actually contributed to their injuries: The other driver and the accident itself, or their disregard for safety and protection. For example, if a biker is not wearing a helmet but does not sustain any head injuries, the cause of their harm could be attributed to the other driver rather than the absence of their helmet. Most collision cases will not be as clear-cut as this example. If you have questions about your case, contact Gruenberg Kelly Della. Our attorneys offer free consultations to answer your legal inquires.
To schedule a no-cost analysis of your case, complete our contact form or call (888) 305-6372.