This article discusses the impact helmet laws have on motorcycle injuries and the impact failing to wear a helmet can have on one’s personal injury lawsuit. 

An article published in the Pittsburgh Post-Gazette of June 6th, 2017, entitled “Motorcycle Injuries Increase with Weaker Helmet Laws”, stated that the weaker helmet laws resulted in double the increase in head related injuries in respect of motorcycle accidents. A Michigan University study showed that since the passing of the partial helmet laws in Michigan in 2012, the percentage of motorcycle trauma patients who were riding without helmets increased from 20% to 44%. Further, the article reported that since Pennsylvania’s universal helmet law was repealed in 2003, the number of motorcycle related deaths and injuries increased; the report showed that the increase was by 42% in head injuries and in acute care for motorcycle related injuries there was a 132% increase; as well as a decrease in helmet usage from 82% to 58%. According to a study by the University Of Pittsburgh this occurred two years after the repealing of the law. An attorney from Kaplun Marx gave comments in respect of motorcycle helmet laws in Pennsylvania. 

The attorney stated that, “in Pennsylvania, certain people are required to wear a helmet while riding a motorcycle while others are not. Those who are required to wear helmets are riders under the age of 21 and those riders who are relatively inexperienced in riding a motorcycle. The attorney further, stated that in accordance with Pennsylvania law the following persons were not required to wear a helmet in the state: 

1. Any operator or occupant with a three wheeled motorcycle equipped with an enclosed cab
2. A person who is 21 or older and who is licensed to operate a motorcycle for at least two years
3. A person who is 21 years or older and has completed a motorcycle rider safety course that is approved by the Pennsylvania Department of Transportation or the Motorcycle Safety Foundationthe passenger of an operator who qualifies under one of the exceptions listed above and as long as the passenger is age 21 or older 

The attorney stated that while the law on the use of helmets by motorcycle operators and passengers are flexible, “when it comes to a personal injury lawsuit, an injured person may want to file a lawsuit as a result of a motorcycle injury he or she sustained in a motorcycle accident; his or her failure to wear a helmet could have a negative impact on the case. This is because the operator’s failure to wear a helmet can amount to negligence on his or her part and any damages that could be awarded at trial by a jury could be reduced significantly. Pennsylvania uses the comparative negligence rule whereby fault is allocated or shared between parties involved in a vehicle accident and as such this directly affects the damages for compensation that will be received by the plaintiff.

The attorney further stated that the theory of negligence is based on what a reasonable person would do in a given situation and generally a reasonable person, looking out for his or her own safety, would wear a helmet while operating a motorcycle. He further stated that for one to get more information on a lawsuit in respect of injuries sustained in a motorcycle accident, they should find a personal injury attorney in Philadelphia. 

About the company:
Kaplun Marx is a law firm of renowned professionals who handle personal injury lawsuits in respect of motor vehicle accidents and motorcycle accidents. For the best personal injury attorneys in Philadelphiacontact Kaplun Marx attorneys.