Author: Michael
Can You File Motorcycle Injury Claims When You Were Not Wearing A Helmet?
Motorcycle accident injuries tend to be very severe, with motorcyclists being around 5 times more likely to end up dead in road accidents when compared to those inside passenger vehicles. Several factors influence motorcycle accidents, including whether or not a helmet was worn. But, this might not be as important as you might think.
According to a top rated motorcycle accident attorney in Massachusetts, in most cases, you can file injury claims even when you did not wear your helmet. However, there are differences when talking about this from one state to the next.
No Helmet Defense
There are US states where it simply does not matter if the helmet was worn or not. This is because of the fact that a similar approach happens in regular car accidents in regards to the seatbelt. When states decided that during car accident claims the failure to wear the seatbelt is irrelevant, a very similar approach is taken with the helmet in motorcycle claims.
Helmet Defense For Lower Damages
In most US states, the defendant can introduce a defense that the plaintiff did not wear their helmet when determining appropriate damages. This is a logical defense because wearing helmets do mitigate some of the injuries suffered.
The helmet defense appears during the damages phase of the process. To be allowed, this is a defense that requires the defendant to fully prove that the injuries of the plaintiff would have been less serious in the event that a helmet would have been worn. Basically, if broken bones appeared but there are no head injuries, not wearing the helmet is not relevant.
In the states where this is an acceptable approach, the jury apportions fault for the parties involved. This does include the victim. Injuries can be recovered when the fault of the victim is under 50%. The only difference in payouts is that they are reduced by the fault percentage of the victim.
Helmet Defenses In Damages And Liability Phases
The last approach is the one that is the rarest. When the motorcyclist does not wear the helmet, it will not influence the accident taking place. Actually, in many states, the adult rider is not obliged by law to wear the helmet while riding a motorcycle. The defendant can thus argue the fact that the injuries would have not appeared when the plaintiff was wearing the helmet but this is irrelevant since the law states nothing about it.
At the end of the day, what is very important is to get a motorcycle attorney to represent you as you file an injury claim. This is true whether you had the helmet on or not. Your lawyer is going to build the strongest possible case based on the unique circumstances of your accident. Also, the legal professional will make sure that all legal actions that can be taken will be taken so you will receive the highest possible financial compensation. This is the desired outcome in all cases, regardless of injury or actual …
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DetailsWhat Should You Do After Motor Vehicle Accidents?
Do you know what to do after being involved in a motor vehicle accident? Stress and panic will most likely appear, together with your injuries. It does become very difficult to deal with what will happen and the steps you have to take. One thing you might not know, according to Regan Zambri Long, is that even before the claim is filed, you have to do the right things. Here are some things to remember.
Always Stay At The Scene Of The Accident
While this is definitely common sense, in many situations, injured people do not think logically and clearly right after the accident. It does not matter if the accident is just a fender bender. When you leave the scene before you should, it can lead to serious criminal charges. At the very least, your future claims will be compromised.
Check For The Presence Of Injuries
Check yourself to see if you are injured or not. When you are not injured or you just have minimal injuries, move on and check on the other people inside the vehicle. Then, move to other vehicles to see if emergency medical attention is needed by someone else. Make sure to never move a person who is unconscious or who seems to have some sort of back or neck injury. These are conditions that require the presence of qualified medical care.
Use Your Phone To Call 911
When you are injured in a car crash or someone else is, there might be several injuries that are not visible. This is why you absolutely have to call 911 as soon as you can. Also, it is a good idea to have police officers on site as soon as possible. The police officers will create a report of what they find. That report will be crucial in your upcoming injury claim.
An extra related tip is to ask police officers for badge numbers and names. You can easily get a copy of the report filed in just a few days. If you do not know how to do this, the best thing you can do is to tell your attorney to get it.
Never Apologize
It is very important that you do not apologize to police officers or the other drivers that were involved in the crash. Obviously, you need to be cordial and cooperative as questions are answered or when you exchange information. Something as general and as polite as saying you are sorry can be seen as admissions of guilt.
Document The Scene
There is a very high possibility you have a cell phone that has a camera. Use it in order to document the car accident scene. Take as many pictures as you can and try to document absolutely everything you can. This is very important because it helps the insurance adjuster and the personal injury attorney to figure out exactly what happened. The photographs will also determine the right compensation for your damages and can easily help you out in …
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DetailsHiring A Enterprise Lawyer Is Crucial To Any Profitable Enterprise. Here is The whole lot You Want To
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DetailsWhy Do Most Personal Injury Claims Settle Out of Court?
When you imagine taking legal action against an individual or a company, you probably picture attorneys battling it out across the courtroom. While these are common scenes in movies and TV shows, the reality is a little different. While some personal injury claims do end up going to trial, the vast majority are settled well before they get near a courtroom. To find out why, take a look at some of the benefits associated with settling out of court:
1. Resolve the Case More Quickly
Taking any case to court can take a considerable amount of time. In fact, complex cases might take years to actually go to trial, particularly if numerous pre-trial hearings are required. If you’re dealing with the aftermath of a car accident, however, you won’t want to wait months or years to obtain compensation.
Medical bills might be stacking up and your ability to earn a living might have been limited by your injuries, for example. Due to this, many people are eager to resolve the issue as swiftly as possible and settling out of court enables you to do this.
2. Avoid Lengthy Appeals
If you think getting a case to court takes a long time, just wait until you find out how long an appeal can take! If a case is resolved via a trial, the losing party may have the opportunity to appeal the court’s decision. If so, this might mean that the case needs to be heard again or it could mean that the amount of compensation you were originally awarded is revised. Either way, it can lead to uncertainty and lengthy delays.
When you settle a claim, however, the two parties are voluntarily coming to an agreement. As a result, there is no need for either side to subsequently appeal. This adds a sense of finality to the situation and gives you peace of mind that the issue is fully resolved.
3. Accessing Financial Compensation
If you take an injury lawsuit to trial and you win, you’ll be awarded a specific amount of compensation. Although the losing party will be ordered to pay you this sum of money within a certain timeframe, they may not comply with court’s orders. When this happens, the winning party may have to go back to court and take further action to ensure that they actually receive the compensation they’ve been awarded. Of course, this can add further delays and make the situation more stressful than it needs to be.
Should You Settle Out of Court?
Although there are many benefits associated with settling out of court, this is a decision that only you can make. However, getting advice from a reputable auto accident lawyer will help you to make an informed decision. Furthermore, having a personal injury lawyer acting on your behalf can help to ensure that you obtain a fair settlement following an accident. With help from your legal team, you can determine whether settling out of court or taking your …
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