Motorcycle accidents often result in severe and catastrophic injuries due to riders’ lack of bodily protection. Connecticut law does not require motorcyclists over the age of 18 to wear a helmet, but wearing one can significantly reduce the risk of serious head trauma or other life-threatening injuries in the event of a collision. Furthermore, the failure of a motorcyclist to wear a helmet may play a significant role in determining their ability to recover damages after an accident.
Connecticut follows a modified comparative negligence rule, which means that a plaintiff's provable damages may be reduced based on their percentage of fault for the accident. If a plaintiff is found to be 51 percent or more at fault, they are barred from recovering any damages at all. For a motorcyclist who was not wearing a helmet during an accident, this rule becomes particularly significant.
Although not wearing a helmet likely does not contribute to causing an accident itself, it could affect the extent of the injuries suffered, especially for head or neck injuries. A defendant may argue that the plaintiff's decision not to wear a helmet was negligent and contributed to the severity of their injuries. For example, if a motorcyclist suffers a traumatic brain injury in an accident, the defendant may argue that the rider's failure to wear a helmet exacerbated the injury.
A jury may determine that the motorcyclist was partially responsible for their own injuries due to not wearing a helmet. As a result, the total compensation awarded to the rider may be reduced according to the percentage of fault assigned to them. For instance, if a motorcyclist is found to be 20 percent at fault for their injuries due to not wearing a helmet, and the total damages awarded are $100,000, the motorcyclist would only receive $80,000.
While not wearing a helmet may impact the extent of recoverable damages in some cases, other factors, such as the negligence of other drivers or hazardous road conditions, may also play a crucial role in determining the outcome of a personal injury claim. An experienced motorcycle accidents attorney can analyze your case and assess the viability and value of your damages claim.
Gesmonde, Pietrosimone & Sgrignari, L.L.C. in Hamden and East Haven advocates on behalf of clients injured in Connecticut motorcycle accidents. To discuss your case, please call 203-745-0942 or contact us online.
Gesmonde, Pietrosimone & Sgrignari, L.L.C. is located in Hamden, CT and serves clients in and around North Haven, Hamden, Waterbury, Bethany, Milford, Wallingford, Prospect, Woodbridge, Northford, Madison, Beacon Falls, Branford, Cheshire, North Branford, East Haven, Naugatuck, Meriden, Ansonia and New Haven County.
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