What Are the Risks of Riding Motorcycles without a Helmet?
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Though wearing a helmet might not be the most stylish thing, it is crucial, as motorcyclists who do not protect themselves could suffer fatal or debilitating injuries.
Motorcyclists who don’t wear helmets risk sustaining fatal head injuries during accidents. Head injuries might be immediately fatal, or victims might succumb to their injuries at a later date. In such situations, their personal representatives may bring wrongful death claims against negligent drivers. Other risks associated with not wearing a helmet include sustaining non-fatal head injuries, which could be permanent and alter a victim’s quality of life forever. Furthermore, suppose your state mandates helmet use for motorcyclists. In that case, if you do not wear one and you sustain a traumatic brain injury due to negligence, your damages might be reduced, depending on the comparative negligence rules in your state. For these reasons, motorcyclists should always wear helmets whenever they take their bikes out on the road.
To have motorcycle accident lawyer Jerry Friedman review your case for free, call 1-800-529-4464 today.
What Are the Biggest Risks of Not Wearing a Motorcycle Helmet?
The biggest risk of not wearing a helmet while riding a motorcycle is sustaining a fatal head injury in a crash. Non-fatal accidents might lead to traumatic brain injuries, which could be life-alerting for victims.
Fatal Head Injuries
The risk of sustaining fatal head injuries increases when motorcyclists do not use the proper protective gear. According to the National Highway Traffic Safety Administration, in states without universal helmet laws, 54% of bikers who died in accidents were not wearing helmets in 2022. In states with universal helmet laws, 11% of motorcyclists who died in accidents wore helmets. It is important to note that helmets only aim to prevent or avoid fatal head and facial injuries. Unfortunately, motorcycle helmets cannot protect against fatal injuries to other areas of the body.
The head injuries victims sustain while not wearing motorcycle helmets might be immediately fatal or prove fatal days or weeks afterward. Seemingly minor head injuries might involve brain bleeds or swelling, which could lead to death, especially if not immediately treated.
When victims sustain fatal head injuries due to negligence, motorcycle accident lawyer Jerry Friedman can help their survivors figure out their next steps. Eligible plaintiffs in wrongful death claims vary from state to state. Furthermore, each state sets its own statute of limitations for wrongful death motorcycle accident lawsuits. In New Jersey, for example, that is two years from the date of death.
Non-Fatal Head Injuries
Victims who do not wear motorcycle helmets rarely leave accidents unscathed, even if crashes happen at lower speeds. If a motorcycle topples over and a biker is not wearing a helmet, the impact of their head to the ground could cause a serious traumatic head injury.
Head injuries might include deep lacerations, which need treatment from paramedics to stop bleeding and prevent infection. Even when motorcycles wear helmets, there is a risk of sustaining a head injury, especially when cars or trucks hit motorcycles at high speeds. If a motorcyclist is not following helmet guidelines, there is also the risk that they are not wearing other protective gear, like jackets or long pants. In these situations, victims might sustain road rash injuries on top of head trauma.
Helmets protect not just the head and skull but also the face. When motorcyclists do not wear helmets, there is an increased risk of facial injuries, such as broken noses or eye injuries. These injuries are sometimes disfiguring, causing lifelong pain and suffering for victims. Helmets can also prevent debris from flying into bikers’ eyes and faces, obstructing their views. Without this protection, there could be an increased risk of motorcyclists losing control of their vehicles.
Head injuries range in severity, but the risk of sustaining a traumatic brain injury increases when the head is not protected whatsoever. For even minor head injuries, victims must undergo diagnostic testing, like MRIs and CT scans, which can be intensive and expensive. In more severe situations, victims might need surgery, specialized treatments from neurologists, physical therapy, and additional care.
Will Riding a Motorcycle without a Helmet Bar You from Recovery for an Accident?
Failing to wear a motorcycle helmet puts you at risk of sustaining serious and potentially fatal injuries in a crash. Depending on your state’s comparative negligence rules, it could also affect your financial recovery.
New Jersey, for example, is a modified comparative fault state. Since motorcyclists must wear helmets under N.J.S.A. § 39:3-76.7, failure to do so could constitute comparative negligence if they sustain head injuries. The argument is that had the victim followed the rules and worn a helmet, they might not have sustained such serious injuries.
Fortunately, a victim’s failure to wear a helmet may not cause an accident, though it might contribute to their injuries being as severe as they ultimately are. Because of this, victims who do not wear motorcycle helmets can typically still bring claims, provided they are not more at fault for an accident than the other driver.
Furthermore, as mentioned, helmets don’t protect against all injuries. So, if you were not wearing a helmet but sustained a broken leg in the accident, the defendant could be liable for all your damages. In this example, the lack of a helmet would have nothing to do with your broken leg, so comparative fault rules should not threaten your recovery.
Wearing a helmet and other protective gear is the most effective way for motorcyclists to shield themselves on the road and operate their vehicles responsibly. Victims found partially liable for their injuries, which could be the case when they fail to wear helmets, might recover fewer damages.
Call Jerry About Your Motorcycle Accident Today
Call motorcycle accident lawyer Jerry Friedman at 1-800-529-4464 to discuss your case for free.