Helmets have long been a topic of debate in safety discussions, particularly for bicyclists and motorcyclists. The primary question remains: Do helmets effectively prevent head injuries in accidents?
If you’ve suffered an injury in an accident, even if you’re wearing a helmet, you should discuss your situation with a qualified Augusta motorcycle accident lawyer right away. A lawyer can provide guidance concerning your case and determine the best steps to take to pursue justice and compensation from the appropriate parties.
The Purpose of Helmets
Helmets are designed to absorb impact energy and distribute force away from the skull and brain. They consist of a hard outer shell, an inner foam layer, and a retention system (straps) that keep the helmet securely on the head. The design aims to reduce the severity of head injuries during accidents by cushioning impacts.
Types of Helmets
When purchasing a helmet, it’s important to determine what the helmet will be used for. Not all helmets are designed alike, and helmets should only be used for their intended purpose to maximize efficacy.
Types of helmets include:
- Bicycle helmets: Lightweight and designed primarily for low-speed accidents.
- Motorcycle helmets: Heavier and designed to protect against high-speed collisions.
- Sports helmets: Varied designs for activities like football, hockey, and skiing, each focusing on different types of impacts.
Not only is it important to consider the activity you’ll be using the helmet for, but also the awareness of state helmet laws. States with helmet laws usually require certain types of helmets with specific features. To receive maximum protection and stay in compliance with local law, it’s necessary to wear the right kind of helmet.
What Statistics Say About Helmets
Numerous studies have explored helmets and their effectiveness in preventing head injuries. Several statistics provide insight into the importance of wearing helmets, most notably the following:
- Bicycle helmets are 85 to 88 percent effective in preventing head and brain injuries. This makes the use of helmets the most effective way to reduce bike accident-related head injuries and deaths.
- 70 to 80 percent of all fatal bicycle accidents involve head injuries, but still, only 18 percent of all bike riders wear helmets.
- The estimated cost of bike accident injuries and deaths is $8 billion. However, the United States could save about $1.5 billion in costs every year if all motorcyclists wore helmets.
- Helmets reduce the risk of head injuries in accidents by 69 percent.
- For riders, motorcycle helmets are 37 percent effective in preventing deaths; for passengers, it’s 41 percent.
- Unhelmeted motorcycle riders are three times more likely to sustain traumatic brain injuries in accidents as opposed to helmeted riders.
When looking at statistics concerning helmet use, one thing is clear: helmets considerably help prevent catastrophic injuries and deaths.
Limitation of Helmets
Helmets offer substantial protection, and helmeted riders are much less at risk of sustaining serious injuries in collisions. Still, wearing a helmet is not a perfect remedy. The effectiveness of helmets diminishes with:
- High-speed impacts: At very high speeds, the protective capabilities of even the best helmets may be overwhelmed.
- Angular impacts: Helmets are primarily designed to protect against linear forces, but many accidents involve angular forces that can lead to rotational injuries.
While helmets cannot eliminate the possibility of injuries in a collision, it is still worth wearing one.
Common Types of Head Injuries Helmets Aim to Prevent
The primary purpose of wearing a helmet is to prevent head and brain injuries. These injuries affect the scalp, skull, and various parts of the brain. Head and brain injuries vary in severity, but serious injuries can have a significant impact on a person’s overall health and well-being.
Some of the injuries helmets aim to prevent include:
- Concussions: Concussions are the most common type of brain injury. These injuries are caused by a blow to the head or a sudden and violent jolt.
- Skull fractures: The skull is a bone, like all others, that helps protect the brain. A skull fracture is a break in the bone, usually caused when the head hits a stationary object.
- Contusions: Contusions are bruises on the brain or outer layer of the brain that cause bleeding and swelling. These injuries can occur along with skull fractures.
- Lacerations: Cuts and abrasions can occur on the scalp and forehead during falls and collisions.
- Diffuse axonal injury: This severe injury results from the brain moving rapidly within the skull, often caused by a strong impact.
Helmets cannot prevent all brain injuries, but wearing a helmet is much better than riding completely unprotected. Additionally, when helmeted riders do suffer injuries to the head or brain, they may not be as severe as they would have been without a helmet.
Long-Term Consequences of Brain Injuries
One of the reasons why brain injuries are among some of the most serious is because these injuries often result in lasting complications. Consequences brain injury victims often experience include:
- Cognitive impairments: Difficulties with memory, attention, and problem-solving, affecting daily functioning.
- Emotional and behavioral changes: Individuals may experience mood swings, anxiety, depression, or irritability.
- Physical disabilities: Motor function issues, including weakness or coordination problems, can occur, affecting mobility and balance.
- Seizures: Some individuals may develop epilepsy or experience seizures following a brain injury.
- Sleep disturbances: Insomnia, sleep apnea, or changes in sleep patterns are common after a brain injury.
- Chronic headaches: Many individuals report persistent headaches, which can range from moderate to debilitating.
- Sensory changes: Alterations in vision, hearing, or smell may occur, leading to challenges in perception.
- Increased risk of neurodegenerative diseases: Individuals with a history of brain injury may have a higher risk of developing conditions like Alzheimer’s or Parkinson’s disease later in life.
In the most serious cases, brain injuries can result in coma, vegetative state, or brain death.
Not only are brain injuries rough on physical and mental health, but also on finances. Individuals who suffer brain injuries often require extensive medical treatment and time off from work, causing serious financial burdens. This is just one of the reasons why accident victims who suffer brain injuries should seek legal advice to determine whether they can pursue compensation.
Does State Law Require Helmet Use?
With the importance of helmet use, all states should require them for bicyclists and motorcyclists. However, not all of them do.
Currently, 47 states have a helmet law for motorcyclists. Seventeen of these states have a universal helmet law, requiring helmets for all riders. Twenty-nine states require helmets only for specific riders. Illinois, Iowa, and New Hampshire are the only states with no helmet laws for motorcyclists.
Certain states, like Georgia and North Carolina, require all motorcycle riders to wear helmets. Other states, like Florida and Michigan, don’t require riders past a certain age to wear helmets. Additionally, certain motorcycle-type vehicles are not covered by helmet laws, like mopeds and motorized bicycles.
It’s worth noting that bicycle helmet laws vary from motorcycle helmet laws. Many states have no law that requires bicyclists to wear helmets, while other states do. However, the states that require bicycle helmets sometimes only require them for younger individuals.
It’s important to familiarize yourself with your state’s helmet laws for both motorcycles and bicycles. Noncompliance with the law can result in certain penalties, such as citations and fines. However, if you’re in a state that does not require helmet use, you don’t have to worry about getting in trouble with the law. Should you experience a collision without a helmet, it won’t result in legal consequences.
What Happens When You Suffer Injury Even with a Helmet?
If you’re involved in a collision and you were not wearing a helmet, you’re more likely to suffer serious injuries. However, even with a helmet, you may still sustain head and brain injuries. So what then?
When you’ve suffered an injury in a motorcycle or bicycle accident caused by another party, you may be entitled to pursue compensation for your brain injuries and losses. It’s essential to establish the cause of the accident, the other party’s liability, and your damages.
You should not hesitate to seek legal guidance on the matter. A personal injury attorney can review the details of your accident to determine whether you have a valid claim for compensation. If you have a case to seek financial recovery, your lawyer can protect your rights and represent your best interests as they handle your claim and pursue the best possible case result on your behalf.
Taking Action After an Accident
When you’re hurt in a collision, you can take action to recover financially for your related injuries, expenses, and losses.
Your path toward claim & compensation depends on the specifics of your collision. Based on the circumstances, you may begin by filing an insurance claim with the at-fault party’s insurer. In other situations, you may need to file a personal injury lawsuit.
A personal injury lawyer can provide direction for your case. They can assess the situation and determine the best way to pursue justice and monetary recovery.
Deciding on the Type of Case
Often, the first step in filing a claim is figuring out the type of case you have. If you suffer injuries in an accident, you can have:
- A personal injury claim: These claims are typically filed against the at-fault party or their insurer.
- A product liability claim: If you’ve suffered an injury due to a mechanical defect or if the helmet fails to adequately protect you from a head injury, you can have a claim against product designers or manufacturers.
- A claim against the government: When an accident is the result of poorly maintained or repaired roads, a governmental entity could be responsible. The laws and procedures for these claims usually vary, requiring legal representation.
- A personal injury lawyer: can review the specifics of your accident to determine the type of case you will have. Then, with this information, they can continue to investigate your accident and proceed with your claim.
Determining Cause
To recover compensation for damages caused by an accident, you must first establish the cause of the accident. Motorcycle and bicycle accidents are often the result of:
- Driver negligence: Drivers who engage in dangerous driving behaviors, including distracted driving, fatigued driving, driving under the influence, or speeding, are more likely to cause collisions.
- Hazardous road conditions: Potholes, debris, and poorly maintained roads can all result in serious collisions and injuries.
- Construction zones: Road construction zones, especially those that are inadequately maintained or lack proper signage and warnings, can cause riders to lose their balance, fall off their bikes, and fall into traffic.
Usually, the first step in a compensation claim is determining the cause. Once you know how your accident happened, you can move on to figuring out who is financially responsible.
Establishing Fault
It’s essential to know who caused your accident and injuries to ensure you seek compensation from the right party. Motorcycle and bicycle accidents are often the result of negligence, which means a failure to act reasonably given the circumstances. Proving negligence requires satisfying certain elements, including:
- Duty: The defendant owed you a duty or care.
- Breach: The defendant breached their duty.
- Causation: The defendant’s wrongdoing was the cause of your accident.
- Damages: You suffered economic and non-economic damages as a result of your collision.
For product liability cases, there may be different requirements. These cases often don’t require proof of negligence, as courts often apply strict liability.
Your personal injury attorney can establish the responsible party’s fault to hold them accountable for their actions and get you one step closer to securing fair compensation.
Proving Damages
Understanding how much your claim is worth is important to ensure you receive adequate compensation. Damages depend on the details of the accident and resulting injuries and losses but can include:
- Present and future medical expenses
- Lost earnings
- Diminished or lost earnings capacity
- Property damage
- Pain and suffering
- Disability
- Loss of enjoyment of life
Your personal injury lawyer can determine the extent of your damages and aggressively fight to get you the financial recovery you need and deserve.
Wearing a Helmet Helps Mitigate Injury, But it Has its Limitations
Research indicates that helmets can substantially reduce the occurrence and severity of head injuries in many situations, but they are not infallible. Even with a helmet, it’s still possible to suffer devastating injuries in an accident.
Injured While Wearing a Helmet? Call A Personal Injury Attorney for A Free Consultation
If you suffered an injury in a motorcycle or bicycle accident, do not wait to consult with an Augusta personal injury lawyer. A lawyer can evaluate your situation, provide professional advice and opinions, and support you through the legal process to get you the best possible case result.