After a fatal brain injury, it may still be possible file a wrongful death claim even though the deceased was not wearing a helmet at the time of the accident. The viability of the case depends on a few extenuating factors, though, and cases of motorcycle head trauma should be discussed with a qualified accident attorney for motorcycles in Bensalem, Pennsylvania before moving forward.
Factors When Filing the Case for Motorcycle Head Trauma
First and foremost, it’s important to note motorcycle helmet laws in the state. In Pennsylvania, motorcycle helmet laws state that all riders aged 20 or younger must wear a helmet. If the deceased person was not wearing a helmet if required by law to do so, this offense could make the case more difficult to pursue.
Additionally, the severity and type of the injuries may play be important. Was the motorcycle head trauma the only type of injury suffered? Did these ultimately lead to the death of the rider? If wearing a helmet could have prevented the rider’s fatal wounds, then the at-fault driver’s insurance company may be able to prove that the rider was negligent and contributed to the fatal injuries.
How Not Wearing a Helmet May Affect the Fatal Brain Injury Case
If, after discussing these extenuating factors with an accident attorney for motorcyclists in Bensalem, Pennsylvania, a wrongful death claim on behalf of the deceased still seems viable, it’s important to note that the case may still be affected. The rider’s lack of helmet use could still play heavily into the case, affecting compensation, credibility and more.
The victim’s failure to wear a helmet at the time of the wreck could lower the amount of compensation the case can recover by showing the rider contributed to the injuries. Compensation may be reduced by the percentage of fault assigned to the rider as long as it’s below 51 percent. If 51 percent or greater, compensation may not be recoverable.
In the event there is a lack of evidence in the case, the judge may look at both drivers’ actions during the course of the accident when determining fault. A lack of helmet use could make the judge assign some fault to the victim for the motorcycle head trauma, as the rider was driving unsafely and potentially in violation of helmet laws.
Discussing the Fatal Brain Injury Case with an Accident Attorney for Motorcyclists in Bensalem, Pennsylvania
It’s always important to discuss the victim’s lack of helmet and other extenuating factors with a qualified accident attorney for motorcycle injuries in Bensalem, Pennsylvania before proceeding with the claim. An attorney can evaluate the case and determine if a claim may be warranted despite the non-helmet use that may be associated with a fatal brain injury.
According to the Centers for Disease Control and Prevention (CDC), motorcyclist death rates increased 55 percent from 2001 to 2008. Anyone who has lost a loved one in a motorcycle accident, whether they were wearing a helmet or not, may speak to an accident attorney for motorcycle injuries in Bensalem, Pennsylvania at Cordisco & Saile LLC about a fatal brain injury case today.