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Colorado Injury Firm

Helmet’s Impact on a Motorcycle Accident Case in Aurora 

When riding a motorcycle, motorcycle safety is quite important. One way you can keep safe is by wearing a helmet whenever you ride your motorcycle. Not only is it a question of safety, wearing a helmet is also a question of legality. The Colorado Revised Statute 42-2-1502 Section 4.5 states that a person shall not operate or ride as a passenger on a motorcycle or low-power scooter unless each person under the age of 18 is wearing an approved motorcycle helmet. A non-motorized bike is excluded from the stricter helmet laws in Colorado. If you have been injured in a motorcycle incident, get in touch with a qualified motorcycle injury lawyer who can build your case.

Importance of Wearing a Helmet

If a person wears a helmet, more likely than not, they will not sustain a brain injury or die. The person still has the possibility of obviously suffering broken bones but the bones will heal and a traumatic brain injury has the potential to last forever. If a person does wear a helmet and is involved in a collision, they are one step closer to receiving the maximum relief that they are entitled to from the at-fault party. The helmet’s impact on a motorcycle accident case in Aurora is that the at-fault party will be less likely to place any blame on the motorcyclist for that collision.

Legal Impact of Not Wearing a Helmet

A helmet’s impact on a motorcycle accident case in Aurora is two-fold. Failure to wear a motorcycle helmet could make a motorcyclist comparatively negligent. In addition, it could reduce the amount of money the motorcyclist could recover from the at-fault party. Also, failing to wear a helmet could lead to a serious brain injury if not death. It is in one’s best interest to always wear an approved DOT helmet when operating a motorcycle regardless of how slow they are traveling or where they are going.

Failure to wear a helmet could reduce the amount of money the plaintiff can recover from the defendant. The amount the plaintiff could recover will be determined on a case-by-case basis and it is determined by looking at all of the surrounding facts and circumstances regarding the incident in question.

Motorcycle Injury Statistics

One of every five motorcycle crashes reported results in head or neck injuries. Head injuries are just as severe as neck injuries and are far more common. Research shows that wearing a helmet reduces the risk of neck or head injury. An approved helmet lets one see as far to the side as necessary. A study of more than 900 motorcycle crashes where 40% of the riders wore helmets failed to find even one case in which a helmet kept the rider from seeing impending danger.

Most crashes on a motorcycle happen on shorter trips, meaning less than five miles away just a few minutes after starting out. Even with low-speed crashes, there can be a fatality. For most riders who are going slower than 30 miles an hour when they get hurt at these speeds, helmets can cut both the number and the severity of injuries by half. No matter what the speed the motorcyclists are riding, not wearing a helmet will lead to three times more likely of an injury to their head if not death than riders who are wearing helmets at the time of the crash.

How An Attorney in Aurora Can Help

Wearing a helmet will not protect an individual completely, but by wearing a helmet you can be proactive and ensure that you are not injured too badly. Furthermore, a helmet’s impact on a motorcycle accident case in Aurora can change the damages that you are eligible to receive and can change how liable you are considered in this accident. Not wearing a helmet should not stop you from being able to hold the responsible parties accountable. A skilled motorcycle accident lawyer will understand the complexities of your case and can work diligently to pursue damages. If you have sustained an injury due to a motorcycle accident, get in touch with a personal injury lawyer.

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