Motorcycles are a fun way to get from point A to point B for many drivers in the Baltimore area. But, the two-wheeled vehicles don’t come without risk. Unlike riding a car where you are protected in which you are kept safe by airbags and seat belts, a bike leaves you out in the open.
That is why when you are involved in a motorcycle accident, the potential for injury is more significant. And, those injuries are typically far more severe.
One of the most common injuries that people who ride motorcycles have are traumatic brain injuries. The best way to prevent a brain injury is to wear a helmet whenever you are on a motorcycle. Not only are they required by law, but they also might help to save you if you are involved in a collision.
Statistics show that helmets help to save lives for motorcyclists. It has been shown that helmets save as many as 1,800 lives a year. Once more, the National Highway Transportation Safety Administration estimates that as many as 800 lives could have been saved last year if they were wearing a helmet. Wearing a helmet reduces someone’s odds of a traumatic brain injury by as much as 50%.
How wearing a helmet can affect your accident
If you aren’t wearing a helmet and you are in an accident and injured, it might increase your responsibility for your injuries. If you sustain a traumatic brain injury due to a crash, and you were not wearing a helmet, it can lessen your chances of being compensated. If you are injured on another part of your body that isn’t the neck or head, then not wearing a helmet might not be an issue.
If you do sustain an injury and it is related to the neck or head, it is possible for the defendant’s insurance company to argue that since you were not wearing a helmet, your injuries are partially your fault. If they can show that your injuries would have been lessened if you were wearing a helmet as required by law, then it might be possible for them to lower their liability and pay you less.
It might also leave you open for a judge to claim that since you weren’t following the rules of the road, you aren’t allowed to receive compensation for your traumatic brain injury (TBI). Although difficult to argue, if you don’t wear your helmet, you are leaving yourself vulnerable not just to injury but also to not recoup for your neck and head injuries.
The legal complexity of a TBI
The reason that a traumatic brain injury is so tricky for Baltimore motorcycle accident lawyer to prove is that they are often not spotted immediately. TBI’s can range in severity from mild to severe, and, sometimes even the most benign head injury can become complicated and debilitating.
If the person who sustains a TBI in an accident does not seek medical attention immediately, it might be more difficult to claim that there is a chain of causation from the accident to the person’s injury.
Although more difficult to deny in a motorcycle accident, if you are injured, and you hit your head on a motorcycle, it is imperative that you have the proper tests to determine what type of injuries you might have sustained. It is also essential to seek medical care so that you don’t ignore a TBI that can become fatal if not addressed.
What you should do if you are in a motorcycle accident
If you are in a motorcycle accident in Baltimore, it is essential for you first to seek the necessary medical care. Then, you should hire a Baltimore personal injury attorney to handle your case and get you the compensation that you deserve. If you weren’t wearing a helmet, it is even more critical to have someone to defend you.
Since the insurance company might try to argue that your TBI is the result of you not behaving reasonably to protect yourself, they might be able to lessen the amount that they offer. Having a professional in your corner might be imperative to get all that you deserve for your injuries to-date, and for any that might arise later.
