Motorcycles are dangerous vehicles and become all the more dangerous when operators and passengers do not wear helmets. When motorcyclists are involved in an accident, there is a strong likelihood that they will fall from their bikes. If they forcefully strike their heads on the ground and are not wearing a helmet at that time, it is almost certain that they will suffer a serious injury—and possibly death—as a result.
Due to the inherent dangerousness of operating a motorcycle, many states throughout the country have enacted various laws pertaining to motorcycle safety equipment and, in particular, to motorcycle helmets. Today, approximately fifty percent of all of the states in the country require motorcyclists to wear helmets when they are operating their motorcycles. In fact, some states do not have motorcycle helmet laws at all.
Regardless of the law in your jurisdiction, one of the most basic steps that you can take before getting on a motorcycle is to put on a helmet. Even when motorcyclists wear helmets, they can still suffer injuries in an accident. Motorcycle helmets can crack—especially when a motorcyclist is thrown from his or her bike onto the ground with a strong amount of force. This can result in a traumatic head or brain injury that can have a lasting effect on the rest of a person’s life.
Moreover, motorcycle helmets only protect an accident victim’s head while the rest of the cyclist’s body remains exposed. Helmets obviously cannot protect against other serious injuries that a motorcyclist might suffer in an accident, including bone fractures, spinal cord injuries, paralysis, and soft tissue injuries.
Although defective helmets and other types of defective motorcycle equipment can sometimes cause or contribute to a motorcycle accident, one of the most common causes of these accidents is motor vehicle operator negligence. If you or a loved one has suffered an injury in a motorcycle accident that someone else caused, you may be entitled to recover monetary compensation for the injuries and damages you suffered. An experienced motorcycle accident attorney in your jurisdiction can assist you with filing your motorcycle accident claim or lawsuit for damages against the at-fault individual.
Varying Motorcycle Helmet Laws Across the United States
There is no doubt that motorcycle helmet laws vary greatly across the United States. For example, according to the Governors Highway Safety Administration, three states in the country—Iowa, Illinois, and New Hampshire—do not have laws in place that require a person to wear a motorcycle helmet when operating a motorcycle.
A total of 28 states, along with Guam, require that specific types of riders wear motorcycle helmets when they are operating their motorcycles.
A total of 19 states, as well as the United States Virgin Islands, Puerto Rico, the Northern Mariana Islands, and the District of Columbia, have a universal helmet law in place. This means that all motorcycle riders and their passengers must wear helmets at all times.
Guidelines for Purchasing a Sturdy Motorcycle Helmet
Even in jurisdictions where motorcycle helmets are not legally required, you should always consider purchasing a motorcycle helmet as a safety measure. The primary purpose of a motorcycle helmet is to prevent or lessen the impact of a serious injury, in the event of a motorcycle accident.
When purchasing a motorcycle helmet for yourself or someone else, there are certain guidelines that you should always consider, including the following:
- Make sure that the helmet is approved by the U.S. Department of Transportation (DOT) – When purchasing a motorcycle helmet, the first thing you should look for is a sticker which shows that the Department of Transportation has approved the helmet. However, since counterfeit stickers do exist, you should also review some of the other qualifications in this list as well, to ensure that the helmet is properly manufactured and follows safety guidelines.
- Review the manufacturer’s label – In addition to looking for the DOT sticker, you should also review the information on the manufacturer’s label. This label will contain pertinent information about the materials used to make the helmet, as well as the date that the helmet was manufactured.
- Check for a thick helmet liner – Always make sure that you check the motorcycle helmet’s liner for thickness. Generally speaking, the thicker the helmet liner, the more protection the helmet is going to offer you in the event of a motorcycle crash.
- Helmet fit – Before you purchase a motorcycle helmet, you want to make sure that you try on the helmet to confirm that the helmet fits you well. The helmet should fit around your head securely, to protect your head in the event you are involved in a motorcycle accident.
- Chinstrap fit – The helmet’s chinstrap should fit securely around your chin. In addition to making sure that your skull and brain remain protected in the event of an accident, you also want to make sure that your face and jaw remain protected as well. A securely fitting chinstrap can assist with that.
- Helmet weight – The ideal helmet should be sturdy and weigh approximately three pounds. A helmet of this weight and size will remain in place and protect you if you are involved in a motorcycle crash.
In addition to making sure that a motorcycle helmet you purchase has these features, there are certain motorcycle helmet characteristics of which you should be wary. First, you should make sure that there are no significant protrusions or spikes on your motorcycle helmet. You should confirm that the helmet you purchase has a thick helmet lining and does not appear to be flimsily constructed. Finally, you should be wary of motorcycle helmets that have ornate styling that seems to focus more on aesthetics than on functionality.
Potentially Responsible Parties in Motorcycle Accident Cases
Wearing a motorcycle helmet can be extremely helpful when it comes to preventing injuries in the event of a motorcycle crash. In fact, in many jurisdictions in the United States, not wearing a helmet is against the law. It is important to remember that, as previously mentioned, a motorcycle helmet does not completely prevent injuries from occurring, and it cannot prevent injuries to other parts of the body besides the head. If you suffer one of these injuries in a motorcycle accident that another individual or entity caused, you may file a legal claim for damages.
To prove negligence on the part of an at-fault motor vehicle driver, you must show that the driver behaved unreasonably under the circumstances. Acting unreasonably can include speeding, disobeying or disregarding the rules of the road, weaving in and out of traffic, running a red light, or otherwise violating traffic laws set in place in your jurisdiction. You must also demonstrate that the motor vehicle driver’s negligence caused your accident and that, as a result, you suffered personal injuries and damages.
If the negligent driver was operating his or her vehicle during the course of employment, then you may file a claim or lawsuit against the negligent driver’s employer, under a vicarious liability theory of recovery.
If you were a passenger on a motorcycle and the individual operating the motorcycle drove carelessly or recklessly, or otherwise behaved in an unreasonable manner under the circumstances, you may file a claim or lawsuit against that individual.
Companies that manufacture motorcycle helmets also have a responsibility to ensure that the products they produce are safe for use by motorcycle operators and their passengers.
In some cases, if you can demonstrate that the motorcycle helmet was defective in some way, and that, as a result, you suffered a serious head injury, then you may file a claim or lawsuit against the helmet manufacturer or distributor. In these types of defective product cases, an expert would typically need to testify that the motorcycle helmet was unsafe at the time when the company unreasonably and prematurely placed it into the stream of commerce.
Finally, some motorcycle accidents happen because of defective road conditions, such as cracks, ditches, and potholes. Various entities, including cities, counties, municipalities, and sometimes construction companies, are responsible for maintaining roadways at all times, and making sure that these areas are in a safe condition for motor vehicle travel.
If you can demonstrate that a city, county, or some other municipality failed to maintain the roadway properly—and a motorcycle accident resulted—then you may pursue a claim against the municipality to recover damages for your injuries.
In motorcycle accident cases that involve a municipality as a potential defendant, there are sometimes notice deadlines that you must adhere to. These deadlines vary by jurisdiction, and an experienced motorcycle accident lawyer will make sure to file your claim or lawsuit against all potentially responsible parties promptly.
Pursuing Damages in a Personal Injury Case that Involves a Motorcycle Accident
There is no disputing that motorcycle accidents, regardless of who causes them, can result in significant physical injuries and damages. Potential injuries may include traumatic brain and head injuries, soft tissue injuries, broken bones, fractures, back and spinal cord injuries, paralysis injuries, and even death.
To recover monetary compensation for an injury you suffered in a motorcycle accident, you must prove negligence on the part of the at-fault individuals or entities. Moreover, you must prove that you suffered injuries, and that these injuries were a direct and proximate result of the motorcycle accident you were in.
The amount of compensation that you may recover in a motorcycle accident case depends largely upon how badly you were injured and how much medical treatment you received.
If you can prove all of the other elements of your motorcycle accident claim, you may recover some or all of the following types of monetary compensation:
- Lost wages – compensates a motorcycle accident victim for all of the lost earnings (past and future) that he or she incurred as a result of injuries suffered in the accident
- Medical treatment (past and future) – compensates a motorcycle accident victim for all of the medical treatment bills and physical therapy bills he or she incurred due to the accident
- Loss of earning capacity – compensates an accident victim for his or her inability to work following a motorcycle accident (including an inability to work at the same job, in the same capacity, and at the same salary)
- Mental distress – compensates a motorcycle accident victim for all of the mental anguish and emotional distress he or she suffered as a result of the accident
- Permanent disability damages – compensates a motorcycle accident victim for the costs of a permanent disability and possible lifetime care in a nursing facility or extended care center
- Loss of spousal support and companionship – compensates a motorcycle accident victim for his or her inability to be intimate with a spouse, due to an injury he or she suffered in the accident
- Punitive damages – compensates a motorcycle accident victim who sustained his or her injuries because of the at-fault person’s extremely reckless or egregious conduct
An experienced motorcycle accident attorney in your jurisdiction can help you prove all of the elements of your claim or lawsuit. Moreover, your lawyer will help you to pursue as much monetary compensation as possible in your case, allowing you to go on with your life and providing you with a sense of closure.
Speak to an Experienced Motorcycle Accident Attorney Today
Motorcycle helmets can significantly decrease your chances of suffering a serious head injury in a motorcycle accident. However, if you still suffered an injury in a motorcycle accident that another person caused, contact an experienced motorcycle accident lawyer who can help you pursue the financial recovery you deserve.
