Many motorcyclists question the use of wearing a helmet. However, it is estimated that 37 out of 100 fatalities could have been avoided, had the driver been wearing a helmet.
Motorcycle advocates from the Freedom of Road Riders group pushed Missouri legislators hard last spring to lift the ban on riding bikes without a helmet for adults to no avail. Most likely because lawmakers are aware of the NHTSA’s estimate that 37 motorcycle fatalities could have been avoided, had the driver been wearing a helmet, out of every 100 accidents. Many riders question the use of a helmet and wonder just how much they really do protect you. The short answer is a lot. Head injuries are the most common injury found with motorcycle accidents. Not protecting yours can cost you your life.
How Helmets Provide Protection
Helmets are designed to absorb energy. When you hit your head in an accident, the helmet breaks and part of the force of the impact is absorbed by its outside shell, instead of your head. The inside liner acts by further dispersing that energy and minimizing the shock of the impact. You may still sustain some level of traumatic brain injury if you are wearing a helmet, but chances are it will be significantly less severe than if you were not.
When You Choose Not To Wear a Helmet
If you are an avid motorcyclist there is a high probability that at some point you will be involved in a collision. The collision is likely to be the fault of another motorist and a Missouri motorcycle accident attorney will work with you to settle a claim for compensation with their insurance company. But what if you were not wearing a helmet, can you still be compensated for the entire extent of your head injury? Yes and no. Insurance companies do not like big payouts, which are common with head injuries because of the need for expensive long term care. Your choice to disobey the law opens you up to a comparative defense strategy. In this case the strategy may work, since there are hundreds of studies out there proving how a helmet protects the brain from injury. Your only chance at maximum compensation is a Missouri motorcycle accident attorney who has expertise in this area.
A Case of Comparative Negligence
A recent Missouri motorcycle accident was settled for $1.4 million dollars. The motorcyclist was wearing a helmet at the time, and yet the force of impact was so great that he suffered major brain injuries and will need medical care for the rest of his life. Had he not been wearing a helmet, the insurance company for the defense would have argued comparative negligence to a jury. Medical experts would have been called in to show just how the injuries sustained would have been significantly less if a helmet was worn. Comparative negligence is not needed to be proved in this situation since Missouri law requires helmet use for all motorcyclists. All the defense needs to do in this case is prove a number. Specifically, assign a percentage to the amount of damage that resulted from the lack of a helmet. If expert witnesses can convince a jury that 80% of the brain injury would not have occurred if the driver had been wearing a helmet, then that $1.4 million dollar settlement would turn into $280,000 dollars.
With or without a helmet, a Missouri motorcycle accident attorney should always be consulted if a motorcycle accident leaves you or someone you love injured.
Photo credit: Steve Parker
