• 02 Dec 2024

Understanding Helmets and Their Role in Injury Claims

 

Helmets are essential for safety in various activities, from cycling and motorcycling to construction and sports. While they play a vital role in preventing severe injuries, they also influence personal injury claims. In this blog, we’ll take a closer look at how helmets impact safety, liability, and compensation in injury cases. 

 

The Safety Role of Helmets

Helmets are specifically designed to minimize the risk of traumatic brain injuries and skull fractures. For cyclists or motorcyclists, wearing a helmet can substantially reduce the chances of fatal head injuries during an accident. In sports or construction work, helmets also provide additional essential protection from high-impact collisions or from falling objects. 

 

Studies constantly demonstrate that helmet use reduces the risk of head injuries by up to 70% for cyclists and motorcyclists. However, while helmets reduce injury severity, they do not prevent all injuries, which can complicate personal injury claims. 

 

 Liability in Injury Claims 

1.      When a Victim Was Wearing a Helmet 

If you were wearing a helmet at the time of the accident, it displays that you took reasonable caution for your safety. This strengthens your case by reducing any claims of contributory negligence. 

·      Example: In a bicycle accident caused by a reckless driver, wearing a helmet shows you acted responsibly. This makes it easier to hold the driver fully accountable for damages. 

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2.      When a Victim Wasn’t Wearing a Helmet 

If you weren’t wearing a helmet during the incident, the defendant’s legal team may have grounds to argue that your injuries were partially your fault. 

·      Not wearing a helmet gives grounds to the defense to argue that you contributed to your injures. States like North Carolina apply a strict contributory negligence law, meaning even if you’re slightly at faut, you may not be able to receive compensation.

 

Compensation

There are 2 key considerations when cases involving helmets are evaluated:

1.      Type of Injury

Helmets primarily protect against head injuries, but they don’t prevent all injuries. If your claim is pursuing compensation for spinal, neck, or other non-head-related injuries, helmet use is less likely to affect the outcome. 

2.      State Helmet Laws

Helmet laws vary by state, and these laws can influence injury claims. In North Carolina, all motorcyclists, cyclists, and passengers must wear a safety helmet. 

 

Building a Strong Case

To navigate the complexities of a personal injury claim involving helmet use, it’s important to work with an experienced attorney. They will help:

·      Collect evidence to showcase your helmet use (or lack thereof) didn’t contribute to the severity of your injuries. 

·      Address legal defenses based on helmet laws or contributory negligence. 

·      Advocate for fair compensation, even in challenging cases. 

 

Consult an Experienced Bicycle Accident Attorney 

Helmets are a vital safety tool, but their role in personal injury claims goes beyond protection. They can determine how liability and compensation are determined, especially when state helmet laws and negligence defenses come into play.  

If you or a loved one has been injured in an accident, whether you were wearing a helmet or not, consulting with a knowledgeable attorney can make all the difference. At Paul Robinson Law, we’re here to help you understand your rights and pursue the justice you deserve. Contact us for a free consultation today!