Published on behalf of In motorcycle accident cases where the rider was not wearing a helmet, defendants often argue that it wasn’t the accident which caused the head or brain injuries or damages, but rather it was the rider’s own actions which led to the injuries or damages.
In order to prevail in a motorcycle accident case in Pennsylvania, a rider must be able to prove that the defendant’s negligence caused the accident, and the defendant’s negligence caused the injuries.
In head injury motorcycle accident cases, there are two main defenses: 1. the rider’s own negligence led to the accident and 2. the rider’s failure to wear a helmet caused the head injury, not the accident.
In these kinds of cases, defendants often argue that the rider’s own negligent action caused the injury. For example, in an intersection accident case, defendants might argue that the rider was speeding or had an opportunity to avoid the accident, but failed to so do.
In addition, defendants will attempt to defend a head injury case by blaming the head injury on the rider’s failure to use a helmet. This kind of defense is often raised by the driver who caused the accident or by the product manufacturer in a products liability case. Defendants often allege that the rider contributed to the injury by failing to wear a helmet.
However, this defense is hardly ever accepted and most defendants will never be permitted to make the argument in court. So long as the rider meets the requirements under Pennsylvania’s helmet law and was not legally required to wear a helmet at the time of the accident, the defendant will not be permitted to argue that the failure to wear the helmet was the actual cause of the head injury.
Related Legal Articles:
- What to Expect in a Pennsylvania Motorcycle Accident Lawsuit
- Investigating Pennsylvania Motorcycle Accident Cases for Liability Beyond the Other Driver
- Pennsylvania Motorcycle Accident Law – Who Pays for Medical Bills?
For more information, contact our Pennsylvania and New Jersey motorcycle accident lawyers at 215.925.4451. Our lawyers are available for a free, no obligation legal consultation.
The lawyers at Schwartz & Blackman handle motorcycle accident cases in the Pennsylvania and New Jersey area:
- PA: Berks County, Bucks County, Chester County, Delaware County, Montgomery County, Philadelphia County, Allentown, Lehigh Valley, Norristown, Philadelphia
- NJ: Atlantic County, Burlington County, Camden County, Gloucester County, Mercer County, Middlesex County, Monmouth County, Camden, Cherry Hill, New Jersey shore cities
*This website does not provide legal advice. Every case is unique and it is important to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.
Published: July 17, 2012