A motorcyclist should wear a helmet every time they ride. If they have health insurance, the law does not require them to wear a helmet if they are over 21. Despite the law, the facts are clear that wearing a helmet significantly decreases their risk of death and serious injury if they are in an accident.
The injured claimant could be found partially responsible for their injuries if they did not do everything to prevent the damage including wearing a helmet. The lack of helmet may reduce the injured claimant’s recovery amount, but only if the courts find a plaintiff negligent. It is best to reach out to a seasoned motorcycle accident lawyer to learn about your rights and legal options. They could help you understand the unique aspects of a Fort Worth motorcycle accident case.
The Use of Helmets
Motorcycle riders and passengers in Texas are required to wear a helmet that meets the Federal Motor Vehicle Safety Standard Number 218. If they are 21 years or older and have passed the DPS approved motorcycle operator training course or can show proof of having at least $10,000 in medical insurance, then they are exempted from wearing a helmet. Wearing a helmet can provide them with protection while on their bike. The majority of motorcycle fatalities are due to head injury. They are five times more likely to experience a serious injury if they opt-out of wearing a helmet.
Wearing a helmet can help protect the riders in a Fort Worth motorcycle accident. It protects the head. It significantly increases their chance of injury without wearing a helmet. Helmets also protect them from wind, flying objects, cold, sunburn, and hearing loss. The right helmet should fit their head closely and feel snug but comfortable. It is important that their motorcycle helmet be completely secure. They also want their helmet to be in prime condition. Any cracks or dents in the helmet may decrease its effectiveness and put them in danger.
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Duty of Care
A knowledgeable motorcycle accident attorney in Fort Worth will consider the various dynamics of a motorbike crash, such as the duty of care. Motorcyclists have their own duty of care while operating their bikes. This means that a motorist will follow the rules of the road to protect others on the road.
The small size and the increased mobility of a bike make it a unique challenge for other drivers to deal with. For example, a driver who makes a left-hand turn from a stop sign has a higher probability of not noticing an oncoming motorcycle. That can lead to the operator of a car or truck turning directly into a motorcyclist’s path. Making a point to look for possible motorcycle approaching is part of any driver’s duty of care.
Types of Recoverable Damages
Once it can be proven that the other driver is to cause of the accident, the focus then turns to what damages the victim is entitled to receive. Damages are the losses a victim suffers following an accident. Texas typically recognizes two types of damages in personal injury cases in Fort Worth: special and general.
Special damages are those that can be clearly tied to a specific injury, such as physical harm to their body or the destruction of their property. These damages include property damage, medical expenses, anticipated medical expenses, lost earnings, and disability. General damages are harder to quantify. This includes pain and suffering, mental anguish, and loss of enjoyment of life.
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How a Motorcycle Accident Attorney Could Help
There are many unique aspects of a Fort Worth motorcycle accident case. This includes how liability is determined, the various types of damages, and how helmets could affect a case. Speak to a diligent motorcycle accident attorney to learn about the nuances of a motorbike case and your eligibility to recover compensation for damages. Schedule a consultation today.
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