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.