Can You Get a Head Injury While Wearing a Helmet?
Request Free ConsultationA motorcycle helmet protects the wearer in case of an accident. A sturdy, well-constructed motorcycle helmet will protect the rider’s head. However, even a well-made helmet may crack in an especially forceful motorcycle collision. The motorcyclist can still suffer severe head injuries even if the helmet remains intact.
If you or a person you love suffered injuries in a recent motorcycle accident, get the legal help you need as quickly as possible. A skilled motorcycle accident attorney can investigate your accident circumstances and determine your eligibility for filing a motorcycle accident claim against the at-fault driver’s insurance company.
Your attorney can handle every step of your motorcycle accident case for you. After filing a claim with the appropriate insurance company on your behalf, your attorney can handle all settlement negotiations and pursue the monetary compensation you deserve for your head injury or other bodily injuries. Additionally, if the insurance company does not offer a fair and reasonable settlement, your lawyer can file a lawsuit to recover your compensation.
Also, throughout the process, your lawyer can answer any questions you may have and arm you with the information necessary to make crucial decisions, such as whether to accept a pending settlement offer or take your case to a civil jury trial or alternative dispute resolution (ADR) proceeding.
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Characteristics of a Good Motorcycle Helmet
Wearing a sturdy, well-made motorcycle helmet can lessen or eliminate your chances of suffering a severe head injury in a motorcycle accident. Most jurisdictions require motorcycle operators and riders to always wear helmets.
Even if your jurisdiction does not require helmets, wear a well-crafted motorcycle helmet whenever you ride.
Well-made motorcycle helmets have several characteristics:
- Several inches of thickness
- The presence of a solid inner liner, often a foam-like material
- Compliance with all Department of Transportation safety standards, or better yet, the Snell Foundation’s standards
- Sturdy riveting
- Covers the motorcycle rider’s entire face
When motorcycle riders wear sturdy helmets, they significantly decrease their chances of suffering a traumatic head or brain injury in a motorcycle crash. However, in an especially forceful accident where a motorcyclist falls, they may still suffer a head injury.
If that happens to you or someone you love, consult a motorcycle accident lawyer near you as quickly as possible regarding your legal options.
Motorcycle Accident Head Injuries
Even when motorcycle riders wear a sturdy helmet, they are not necessarily immune from suffering head injuries in an accident. For example, if the motorcyclist strikes their head directly on the ground or another vehicle in the crash, their helmet may crack, and they may suffer one or more severe head injuries.
One of the most common head injuries that motorcycle riders may suffer in a crash is a concussion. Concussions frequently come with various short-term and long-term symptoms.
Common short-term symptoms of a concussion may include:
- Nausea
- Dizziness
- Headaches
- Short-term memory losses
However, depending upon the severity of the accident, an accident victim may suffer additional, long-term complications, including:
- Permanent cognitive impairments
- Post-concussive migraine syndrome
- Long-term or permanent memory losses
In addition to a concussion, a motorcyclist may suffer an external injury to their head in a severe accident, especially if a motorcyclist’s helmet does not fit tightly over their head.
In that situation, the motorcycle rider may suffer a severe gash or laceration to their face or head, resulting in the need for stitches or other medical treatment.
If the motorcycle rider experiences a severe laceration to their head or face, they may be left with permanent scarring, causing them embarrassment and humiliation.
Additionally, a motorcyclist may suffer a coma because of a severe brain injury in an accident. When a motorcycle rider is in a coma, they may be unconscious and unresponsive for some time, or they may remain permanently unresponsive and in a vegetative state. They may need artificial life support to remain alive in this latter situation.
If you or a close relative suffered a head injury in a recent motorcycle accident, consult a knowledgeable motorcycle accident lawyer in your area right away.
Your attorney can take the necessary legal steps, including filing a personal injury claim with the responsible driver’s insurance company. Your attorney can then begin settlement negotiations on your behalf and pursue the full monetary recovery you deserve for your motorcycle accident head injury.
Common Causes of Local Motorcycle Accidents
Local motorcycle accidents can happen for various reasons, but they typically occur when other people drive in an unsafe or irresponsible manner.
One common cause of motorcycle accidents is road rage, where a reckless driver maneuvers to get ahead of other traffic, including motorcyclists.
For example, a reckless driver might weave through busy highway traffic without using a turn signal, tailgate a motorcyclist, or cut a motorcyclist off at a highway entrance or exit.
Motorcycle accidents also frequently happen when other drivers speed, fail to yield the right-of-way, and commit other common traffic law violations. Other drivers may fail to observe a motorcyclist if they don’t check their rearview and side view mirrors regularly – especially when pulling backward out of a parking space at a parking lot or garage.
Another common cause of motorcycle accidents is intoxicated driving.
A drunk driver’s BAC will exceed 0.08 percent. Drivers with a high BAC cannot control or operate their vehicles carefully and safely. For example, an intoxicated driver might experience dizziness, disorientation, confusion, poor judgment, limited reflexes, and delayed reaction time. Alcohol may impair their vision so they cannot see motorcycles.
Finally, some motorcycle accidents occur when other people drive while distracted. A distracted driver may take their eyes off the road to respond to a text message, program a GPS, or roughhouse with vehicle passengers. A driver may apply make-up, eat and drink, or comb their hair while driving. Unfortunately, these activities cause drivers to take their eyes or minds off the road, which may prevent them from seeing a nearby motorcyclist.
If you suffered head injuries in a recent motorcycle crash that resulted from negligent driving, you are not alone. However, you need to act quickly to secure the legal representation that you need in your case.
A local motorcycle accident attorney can evaluate your case circumstances, file a claim on your behalf, and help you recover the monetary compensation you deserve for your accident-related losses.
Types of Motorcycle Crashes
When other people drive carelessly or irresponsibly, they are more likely to cause an accident.
Some of the most common types of motorcycle accidents that result from unsafe and reckless driving maneuvers include:
- Rear-end accidents, or tailgate accidents, where a driver negligently causes the front of their vehicle to strike the rear tire of a motorcycle
- Sideswipe accidents, where the side of one vehicle brushes the side of a motorcycle that is traveling in an adjacent lane
- Broadside or T-bone accidents, where the front of another vehicle strikes the side of a motorcycle that is traveling on an intersecting road
- Head-on collisions, where a negligent driver attempts to pass another vehicle in a no-passing zone or otherwise crosses over into opposing traffic, striking the front of an oncoming motorcycle
Upon suffering a head injury in one of these motorcycle accidents, focus on getting the medical treatment that you need and securing experienced legal representation for your case.
Your attorney can explore all your legal options and set you on course to recover the fair monetary damages you need and deserve.
Negotiating a Fair Motorcycle Accident Settlement for Your Head Injuries
Dealing with insurance companies, especially an insurance company for the at-fault driver, can be extremely difficult. Insurance companies do not have an incentive to compensate you fairly for your motorcycle accident injuries.
On the contrary, insurance companies and their adjusters will do everything possible to undervalue your claim and offer you as little monetary compensation as possible. After all, the more an insurance company has to pay you for your injuries, the less they can keep for themselves.
In some situations, the insurance company adjuster may deny responsibility for an accident altogether. At other times, they may argue that something else caused your head injury.
Your motorcycle accident lawyer can retain a medical expert, such as a neurologist, who can physically examine you and causally relate your head injury to the accident. A medical expert may also establish whether your head injury will improve with time.
After retaining an expert in your case and obtaining their evaluation report, your lawyer can focus on aggressively negotiating with insurance company representatives on your behalf.
Your attorney can highlight the strengths of your case, including expert reports and medical records, and pursue the highest amount of compensation available. They may also resort to litigation unless the insurance company increases its settlement offer appropriately.
Recovering the Fair Monetary Compensation You Deserve for Your Head Injury
Victims of motorcycle crashes often suffer debilitating head injuries and other medical complications. If they can establish their legal burden of proof, they can receive various types of monetary recovery for their head injuries.
The overall nature and extent of their head injuries, as well as the total cost of their medical treatment, will likely play into the total value of their settlement offer or litigation award.
First, motorcycle accident victims may receive a monetary recovery for their related medical costs, including those associated with a medical procedure or neurological consultations. They may also receive compensation for lost income if their head injury prevents them from working for a while after their accident (or permanently).
Additionally, a motorcycle accident victim may receive non-economic damages for their head injuries. These damages compensate accident victims for the intangible losses associated with the head injury they suffered.
Non-economic damages may include monetary compensation for physical pain and suffering, permanent cognitive impairments, mental anguish and distress, inconvenience, diminished quality of life, and loss of the ability to use a particular body part due to the head injury.
Your attorney will take all the steps necessary to pursue the maximum monetary compensation in your case, helping you become whole again after your accident.
Speak With a Local Motorcycle Accident Attorney Right Away
Keith Fuicelli, Motorcycle Accident Lawyer
Upon sustaining head injuries in a motorcycle accident, you need to consult with a motorcycle accident lawyer in your area as soon as possible.
According to the statute of limitations, motorcycle accident victims must file their personal injury lawsuit within three years, beginning on the date of their accident. Once the statute of limitations has passed, they can no longer seek the monetary compensation they need for their head injuries.
A knowledgeable personal injury lawyer can thoroughly investigate your accident circumstances, present a timely claim to the insurance company, or litigate your case in court.
This support makes a huge difference in your legal case and overall life while you are already dealing with severe head injuries.
Never worry about the legal process. Focus on your recovery from your head injury. Your lawyer can focus on seeking the financial recovery you deserve.