In a majority of states, the rider of a motorcycle is required by law to wear a helmet.
The helmet’s features
• Approved by Department of Transportation
• It reduces the chances that the motorcycle’s rider could suffer a head injury
• Any riders that have failed to wear a required helmet could be charged with negligence.
What are consequences for rider that has failed to wear a helmet?
No matter how costly the injured rider’s recovery might be, he or she would be unable to seek full reimbursement of those particular expenses.
What level of reimbursement could an injured rider expect, if he or she had failed to wear a helmet?
The nature and extent of the rider’s injuries would help to determine the amount of money that could be offered as reimbursement for medical expenses. If the accident had resulted in just an injury to the rider’s leg, then the court would decide how much to lower the usual reimbursement.
On the other hand, if the court were to rule that the rider’s head had been injured, due to the helmet’s absence, then that absence could be labeled a proximate cause. If the failure to wear a helmet has been named the proximate cause of an accident-linked injury, then the motorcycle owner/rider would be unable to access funds to cover the costs of the recovery.
What sort of damage awards would not be accessible to a motorcycle rider, if failure to wear a helmet was determined to be the proximate cause for his or her accident-linked, head injuries?
If that same rider were to suffer severe, maybe disabling injuries, then he or she could not seek money to cover the costs for paying anyone that was performing some type of household chore. In addition, the same victim/rider would not qualify for receipt of compensation for lost wages, as per personal injury lawyer in Sudbury.
If that disabling injury managed to keep the victim/rider from carrying out all of his or her job responsibilities, then he or she could not seek compensation for a lost earning capacity. If the same motorcycle rider had been self-employed, then he or she could not seek compensation for needed changes to the at-home setting, the location for performance of any work-related tasks.
If the rider’s disability were to require introduction of specific accommodations in the home, then no damage award could be used to cover the cost of such accommodations.
If the nature of the accident-linked disability had necessitated performance of an operation, with chances for future operations, there could be no award for future medical expenses. Furthermore, there could be no reimbursement for treatment of a complication, such as an infection, a problem that often accompanies performance of a surgical procedure.