Motorcycle Accidents and Helmet Laws
Motorcycle riding is fun. But it is also dangerous, which is probably part of the reason that makes it so much fun. Most motorcycle accidents occur because the driver did not see the motorcycle. Experienced riders understand this, and they take every possible precaution. They stay sober and alert, and they always expect the unexpected. Just because an approaching car does not have a flashing left turn signal does not mean that the driver is not going to make a left turn in front of you. In motorcycle accidents riders can be seriously injured. And the first question is always, “Was the rider wearing a helmet?” Oklahoma, like many other states, has a “comparative fault” rule, which can severely limit the rider’s ability to collect compensation. In the above case involving an illegal left turn, this means the rider can be found partially at fault for not wearing a helmet. Unfortunately, many judges, jurors and journalist buy into the argument that helmets do prevent injuries. And there are numerous studies that attempt to prove this point. But the overwhelming number of these studies are bought and paid for by the insurance lobby, the medical lobby, or the people who manufacture and sell motorcycle helmets. Should you be involved in a lawsuit where you were not wearing a helmet be prepared for a fight. The battle will be fought with statistics, and the insurance company can afford the legal equivalent of a navy SEAL team. So you cannot afford to walk into court with your family lawyer or a slip-and-fall all-purpose personal injury lawyer. You will need a battle hardened veteran motorcycle accident attorney. This will be someone who is familiar with the highly priced but also highly prejudiced “expert” studies and who has experience in exposing the flaws in the testimony of so-called expert witnesses. All but two states have laws regulating motorcycle helmet use. And these laws were not passed without transportation committees listening to thousands of hours of testimony presenting statistics on both sides of the issue. You can compile lists of numbers and claim that they prove whatever you want them to prove. However, outside of their surrounding context statistics are meaningless. For example, in 2003 Pennsylvania modified the motorcycle helmet law to allow mature and experienced riders to ride without a helmet. In less than a year the insurance and medical lobbies were producing statistics that showed that there was an increase in motorcycle fatalities. But under scrutiny it was demonstrated that there was also a significant increase in the number of registered motorcycles, as well as an increase in the number licensed motorcycle riders. Furthermore, Pennsylvania motel owners noticed an unusually large number of motorcycles with New York license plates in their parking lots that summer. So, yes, the number of motorcycle fatalities may have increased. But when you take into account how many more people choose to ride motorcycles in states, like Pennsylvania and Oklahoma, that do not mandate helmets and how many motorcyclists from out of state choose to vacation in helmet free states, there is no increase in the percentage of motorcycle fatalities. It is also claimed that states with no helmet laws have a higher percentage of fatalities than states with mandatory helmet laws. But there is a third category. These are states with modified helmet laws. These laws require helmet use by certain groups of riders, usually based on age and riding experience. When the states with mandatory helmet laws are compared to states with modified helmet laws, the difference in fatalities becomes insignificant. Also, motorcycle helmets are tested on human head forms for a 13 mph impact. But human head forms do not operate motorcycles at 50 mph. That makes a big difference. And I think I heard it put best at a transportation committee meeting in the Virginia House of Delegates by a member who said: “I would like to remind this committee that at our last meeting we heard compelling expert testimony that at 50 mph a motorcycle helmet becomes a 200 pound bowling ball attached by a strap to your neck.” So the evidence goes both ways. Ultimately, helmet choice should be left to the individual, as it comes down to what Mr. Justice Brandeis called “The right to be let alone.” Nevertheless, if you were involved in an accident without a helmet, the studies are manipulated to favor the insurance companies. But the facts often tell a different story. You need to retain an experienced motorcycle accident attorney who understands and can demonstrate the difference. For more information contact one of our highly qualified Attorneys at 580-224-0900 for a free consultation.
Motorcycle Accident Advice
What You Need to Know About Motorcycle Accidents A motorcycle accident can be a very traumatizing and painful experience. In fact, motorcycle accidents are some of the most serious types of accidents as they often result in severe injuries and an increased number of deaths. The chances of survival for the rider are greatly reduced if the crash happens at a high speed. This is mainly because, unlike cars, motorcycles offer very little protection for riders. Occupants of the car involved in a crash will often come out unscathed while the motorcycle rider may be killed on the spot. Establishing negligence after a motorcycle accident can be a complex process which is why it is very important to retain the services of a personal injury attorney. If you, as the rider, were seriously injured in a motorcycle accident, then a personal injury attorney will help clear you of any fault and ensure that you are fully compensated for your damages and losses. Also, if you lost a loved one in a motorcycle accident, it is imperative to contact an attorney to ensure you get the justice you deserve. Common Types of Injuries in a Motorcycle Accident Broken Bones: Fractured bones are very common in road accidents. This is especially so in motorcycle accidents. Fortunately, most broken bones usually heal in a month or two without any major complications after treatment. Head and Brain Injury: In a motorcycle accident, there is a high risk of the rider sustaining head injuries. Even a low-speed collision is enough to cause a serious head injury. This is why it is very important to always wear a helmet. Studies have shown that it reduces the chances of head and brain injuries by 70%. Depending on the impact of the collision, even with a helmet, you may sustain traumatic brain injuries which are among the most serious types of injuries. The risk increases tenfold when you don’t wear a helmet. These injuries usually affect one’s cognitive, physical, and even emotional abilities. Whiplash: Sudden acceleration and deceleration cause the rapid movement of a person’s neck resulting in whiplash. Spinal Cord Injury: The spinal cord is one of the most important parts of your body but it is also one of the most delicate. If your spinal cord suffers any damage, it can result in partial or permanent paralysis. Other types of common injuries include broken neck, soft tissue injuries, amputations among others. What Steps to Take After a Motorcycle Accident? After being in a motorcycle accident, there are various things that you need to do and to avoid in order to safeguard your rights and ensure you get the necessary assistance. Seek Medical Help Your health and well-being should always be your top priority no matter what. Hence, ensure that you get the necessary medical treatment after an accident. You should be thoroughly examined by a medical professional even if you don’t have any noticeable injuries as this can potentially save your life. Also, your medical reports will provide crucial evidence in proving the extent of your damages. Contact the Police It is imperative to call the police immediately after being involved in a motorcycle accident. When filing a claim, you will need to prove how the accident happened and a police report will provide the necessary evidence that you need. Don’t Admit Fault or Apologize In an accident, even if the circumstances surrounding the accident are unclear, you should never give even the slightest hint that you are in any way at fault. This can seriously affect your case. Hence, you should never apologize or give out more information than required. Collect Evidence When filing your claim, you will need as much information as possible to support your case. Hence, while still at the scene, you will need to take photos and videos of the scene, note down in detail your account, and collect names and contact information of any available witnesses. Contact the Insurance Company You will need to inform the insurance company of the incident and your intention to file a claim. It is important to have an attorney at this stage as your attorney will help to avoid any chances of you saying something that may jeopardize your claim. Get in Touch With a Motorcycle Accident Lawyer As Early As Possible You should always keep in mind that insurance companies are businesses and they rarely have your best interests at heart. Their main aim is to pay the least amount of compensation or have to pay none at all in order to protect their bottom line. They will have a team of expert lawyers dedicated to discrediting your claim. You have minimal chances of getting fair compensation when you don’t have a lawyer. An attorney will help protect your rights, help you collect the necessary evidence to support your case, and fight hard to ensure you are fully compensated. What Damages Can I Recover After a Motorcycle Accident? After establishing the full extent of your injuries and losses, your attorney will negotiate with the insurance company and demand full compensation. They will also include other damages you might not have been aware that you are entitled to. If the insurance company fails to comply, your attorney will be prepared to take your case to trial and fight for your rights. The following are some of the damages you can recover: Past, present, and future medical expenses Lost income Loss of consortium Loss of earning capacity Pain, suffering, and mental anguish It is worth noting that most professional personal injury attorneys charge their fees on a contingency basis. This means that you only have to pay after they’ve successfully secured fair compensation for you. A certain percentage is deducted from your compensation. Therefore, you have nothing to lose but a lot more to gain when you hire a lawyer. Little Oliver Gallagher personal injury attorneys are here to help guide you through your motorcycle accident case. For more information contact one of our
