On average, crashes involving motorcycles are more fatal than other motor vehicle crashes. When motorcycle riders aren’t wearing helmets on our nation’s roads, the risk of severe injury or death is even greater. Helmets save lives, and motorcyclists involved in accidents are less likely to suffer serious cognitive disabilities when wearing them, according to the Centers for Disease Control and Prevention (CDC).
If you or a neighbor have suffered a head injury resulting from a motorcycle crash without a helmet, contact Casares Injury Law. We offer assistance to motorcycle accident victims in the states of Colorado, Idaho, and Montana. Contact us today to arrange a free consultation.
Importance of Wearing a Motorcycle Helmet While Riding a Motorcycle
The importance of using a motorcycle helmet cannot be overstated. Wearing a helmet when riding a motorcycle is the single most effective way to prevent death for riders. Unhelmeted riders risk their lives every time they ride. Simply put, helmets save motorcyclists’ lives.
The decision to wear a helmet is an easy one. Prevention is an essential step for highway safety. The National Highway Traffic Safety Administration reports the risk of a severe injury is 37% less likely when a motorcyclist has a helmet and 41% less likely for passengers. Wearing motorcycle helmets, regardless of what helmet laws say, is just a good idea.
Legal Requirements and Regulations Regarding Motorcycle Helmets
Helmet laws vary by state. Some have laws that mandate the use of helmets for all motorcyclists. In these cases, failing to wear a motorcycle is not only against the law, but it could jeopardize your right to compensation following an accident.
While helmets reduce the chances of motorcyclists falling victim to severe injuries and fatalities, motorcycle helmet laws don’t aggressively force the issue. As Casares Injury Law handles motorcycle accident cases in Colorado, Idaho, and Montana, you can come to us with any questions about motorcycle helmet laws. Contact us today to arrange a free consultation.
Universal Helmet Laws and Precedents in Montana, Idaho, and Colorado
No universal helmet law exists in the U.S. Statutes for wearing a motorcycle helmet in these states can be found in sections 61-9-417 of Montana’s state code, Title 49, Chapter 6, Section 49-666 of Idaho’s state code, and in § 42-4-1502 for Colorado. They all say that motorcycle helmets are only required for riders under the age of 18.
Common Head Injuries Resulting From Motorcycle Accidents Without Helmets
Any intensive care unit in the nation will tell you that the majority of motorcycle deaths involve head injuries and neck injuries. As a result, death is a common result of these crashes.
The risks associated with head injuries far outweigh the rewards of foregoing helmet use.
Injuries to the head come in various forms. It isn’t uncommon for riders to suffer severe facial injuries from motorcycle accidents, including the loss of teeth and eyes. Many who survive these injuries experience cognitive disabilities. Common head injuries include:
- Skull Fractures
- Intracranial Hemorrhage
- Contusions
- Cerebral Edema
- Traumatic Brain Injury (TBI)
- Facial Trauma
Liability and Negligence in Motorcycle Accident Cases Without Helmets
A motorcycle accident attorney in Castle Rock can help you understand liability and negligence in motorcycle accidents where helmets aren’t worn. Some might argue that failure to act in one’s own best interest by wearing a helmet is a negligent act. However, the lack of a helmet doesn’t clear others of their actions when a crash happens.
Failing to wear a helmet may affect your compensation. Helmet laws may not specifically cite prevention as a requirement to succeed with advancing claims, but trends show that claims involving motorcyclists wearing helmets cannot be challenged in this way.
Potential Defenses Against Claims in Helmetless Motorcycle Accidents
When a crash happens, an insurer can attack a claim by stating that motorcyclists who wear helmets are responsible while those who fail to wear them aren’t. This argument implies that motorcyclists who don’t wear helmets are gambling with their lives, therefore courting harm and untimely deaths.
The right lawyer will defend this by pointing out that, even though worn helmets reduce the chances of injuries, it doesn’t prove that the lack of a helmet may worsen your injuries.
The defense essentially argues that while it’s true that a helmet reduces the risk of being hurt, it doesn’t guarantee that the crash wouldn’t have had the same results.
Steps to Take After a Motorcycle Accident Without a Helmet
After an accident, motorcycle crash victims should do the following:
- Check for injuries
- Call an ambulance
- Take pictures and videos of the accident scene
- Get the information of other drivers involved
- File a police report
- Seek medical attention
- Notify their insurer
- Collect evidence
- Consult legal counsel
- Comply with medical advice
Role of Casares Injury Law In Representing Motorcycle Accident Victims
Casares Injury Law can represent you after your motorcycle crashes. Whether we’re handling claims with motorcycle crash fatalities, deaths resulting from trauma suffered from the crash, or where multiple drivers contributed to the collision, we’re prepared to fight for your legal rights. Contact us today for a free consultation.