Serving Cape Cod and the Surrounding Areas

How not wearing a helmet may cost you money in a motorcycle crash

Motorcycle owners talk about the pleasure they derive from exploring the scenic thoroughfares throughout Barnstable County and other parts of Massachusetts. The ability to have an unobstructed view of the landscape and feel the refreshing breezes without the confinement offered by cars and SUVs are a couple of the reasons riders give for choosing a motorcycle.The lure of the open road must be tempered by the realization that the steel frames and sheet metal body that motorcyclists find confining can be life savers in the event of a motorcycle collision. Mandatory helmet laws have been enacted in Massachusetts and in other states to compel riders and their passengers to take precautions against a serious head injury or brain injury in the event of a motorcycle accident. Some states mandate helmet use for young riders under 18 or 21 years of age, but Massachusetts requires that all motorcycle operators and passengers, regardless of age, must wear them. The issue that arises following a motorcycle accident in which a negligent driver causes a motorcycle rider to suffer catastrophic injuries is the effect not wearing a helmet should have on the ability of the victim to recover damages.Not wearing a helmet is not an automatic bar to a motorcycle accident victim recovering compensation from a negligent party. The courts might take into consideration the extent to which the failure to wear a helmet contributed to worsening the severity of the injuries in deciding how much compensation to award to the victim.Personal injury is a complex area of the law. Victims of motorcycle accidents should speak to an attorney about their compensation rights in light of the unique facts of each individual case.В

Aiken and Aiken P.C. Personal Injury Attorneys