Introduction
Motorcyclists risk grave injuries or fatality in accidents, with brain injury being the most devastating. Helmet usage is a key policy focused on in valuing the safety of motorcyclists. The primary focus of this paper is on measures that mitigate head trauma among motorcyclists, medical record review as a litigation tool, and recommendations for lawyers who represent victims of motorcycle accidents.
Understanding Motorcycle Helmets and Their Importance
The main purpose of motorcycle helmets is to shield a rider’s head from injury. They come with different protection features, including full face, modular, and open face, which classify into full, half and three-quarters helmets.
Key Points
• Safety Standards: Specific safety standards are set by various bodies which include Department of Transport (DOT) and the Snell Memorial Foundation.
• Statistics: The National Highway Traffic Safety Administration (NHTSA) has established that the use of helmets lowers the likelihood of suffering fatal head strap injuries by thirty-seven percent (37%).
How Helmets Reduce the Risk of Brain Injuries
Helmets work by absorbing impact energy and distributing forces across a larger area of the skull. This section delves into the mechanics of helmet protection.
Mechanisms of Protection
- Impact Absorption: During a collision, crash helmets are fitted with foam liners that help absorb the impact.
- Energy Distribution: The outer shield of the helmet aids in getting the impacting power distributed, thereby minimizing the chances of sustaining a skull and brain injury.
Current Data (2024)
- Recent Studies: According to a new study published in the Journal of Trauma, a helmet bearing rider is 50% less likely to sustain a severe head injury when compared to a non-helmeted rider.
Legal Implications of Helmet Use
The use of helmets can have significant legal implications in motorcycle accident cases.
Comparative Negligence
- Definition: In some jurisdictions, not wearing a helmet while riding may amount to ‘comparative negligence’, making an injured claimant liable to receive less than he would be legally entitled to.
- Case Law: There are recent decisions where it has emerged that the offender’s use of a safety helmet is relevant when determining his liability and the damages to be awarded.
Insurance Considerations
- Policy Implications: Use of a helmet or safety goggles may be a reason witness for increased premiums for some insurance companies.
- Claim Denials: If a claim is found not to be wearing a helmet at the point of an accident, the claim may be denied.
The Role of Medical Records Review in Motorcycle Accident Cases
Medical records review is essential for attorneys representing motorcycle accident victims. This process involves:
- Assessment of Injuries: Reviewing medical records to determine injuries endured during the accident.
- Documentation of Treatment: Ensuring all treatments and expenses are accurately documented to support claims for compensation.
Benefits for Attorneys
- Strengthening Cases: A detailed medical records review can add more weight to s the claim made for damages suffered.
- Enhancing Credibility: Use of EMP reports lends added credibility to the entire case.
Case Studies
Case Study 1: Motorcycle Accident with Helmet Use
Overview: A motorcyclist with a DOT approved helmet collided with a car.
Challenges: Determining injuries incurred and influence of a helmet on the injuries received.
Solutions: Medical records review indicated that the rider had a concussion but did not have other injuries owing to wayside helmet rules.
Case Study 2: Motorcycle Accident without Helmet
Overview: A motorcyclist without a helmet had an accident which resulted in life threatening injuries to the brain.
Challenges: Establishing the liability and degree of negligence from the other driver.
Solutions: Medical records review highlighted the severity of the brain injury and the long-term effects on the victim’s quality of life.
Conclusion
The relationship between motorcycle helmets and brain injury among the victims of motorcycle accidents is a relevant subject for an attorney representing a victim of this kind of accident. With the assistance of medical records review and attention to the recurring questions, lawyers will defend their clients more effectively and attain the compensation which they are rightfully entitled.
