Motorcycles offer virtually no protection for riders. That makes bikers particularly vulnerable to injury or death in collisions. As a biker, there are certain facts you should know to protect yourself against injury. Obeying traffic laws and adhering to safety measures can greatly reduce injury and death in Massachusetts motorcycle accidents.
Wearing helmets saves lives
For safety reasons, wearing a helmet is mandatory in many states when riding a motorcycle. Massachusetts General Law Chapter 90, Section 7 requires motorcyclists and passengers in sidecars to wear protective head gear when riding motorcycles. Those in violation of are subject to fines.
Numerous studies support the fact that helmets save lives in motorcycle accidents. According to the Centers for Disease Control (CDC), helmets reduce the risk of head injury by 69 percent and riders not wearing helmets are 40 percent more likely to die from a head injury than riders wearing helmets.
Helmets protect riders’ heads against penetration or abrasion from objects in a crash. Closed head injuries are common in motorcycle accidents. To the degree that the soft, thick inner lining of a helmet can reduce the forceful impact, it may actually save the motorcyclist’s life.
Does not wearing a helmet affect an injury claim?
Your ability to collect compensation is not limited by the fact of not wearing a helmet. Collecting compensation largely depends on who was at fault for the accident under Massachusetts General Laws Chapter 231, Section 85 Comparative negligence; limited effect of contributory negligence as defense .
Comparative negligence law evaluates negligence by comparing the fault of parties involved in an accident. The court assigns each party a percentage of fault, and the plaintiff (person filing the lawsuit) cannot be 51 percent or more at fault for the accident.
Also, the amount of recoverable damages is reduced by the plaintiff's percentage of fault in causing the accident. For example, an injured motorcyclist is determined 20 percent at fault for causing the accident because the motorcyclist did not stay in the proper lane. Yet, a motorist driving recklessly with blood alcohol content (BAC) above .08 is found 80 percent at fault. With damages at $100,000, the injured motorcyclist could recover only $80,000.
Many traffic laws and case rulings come into play when seeking damages for motorcycle accident injuries or deaths. Consulting a motorcycle accident lawyer can help you understand your rights.
