Every year, at least 900 bicyclists and thousands of motorcyclists are fatally injured in accidents, and more than 500,000 riders are treated in emergency rooms. Head injuries are by far the most severe injury risk to bike, motorcycle, and scooter riders. About one third of ER admissions and three quarters of deaths in these accidents are caused by head injuries.
Helmets can prevent serious head injuries, but they are not entirely practical. Below, learn about head injuries in motorcycle, bicycle, and scooter accidents and how a helmet may help. Next, speak to a Spring Hill traumatic brain injury lawyer about your claim in a free legal consultation.
Do Helmets Prevent Head Injuries?
Helmets used when riding a motorcycle, bicycle, or scooter are designed to avoid traumatic brain injuries (TBIs), which are the most common type of brain injury in these accidents. A TBI can be anything from a mild concussion to a severe brain injury, depending on the helmet quality, speed, and angle of impact.
Statistics show that wearing a DOT-approved helmet can reduce the chances of a head injury by 65 percent and a severe brain injury by 88 percent. It also may lower the risk of an upper or mid-face injury by 65 percent. Another study found that wearing a bike helmet can reduce head injuries by 48 percent and serious head injuries by 60 percent. Another study found that using a helmet during snowboarding or skiing minimizes the severity and risk of serious head injuries.
How Helmets Can Protect The Head And Brain
Bikers, motorcyclists, and others have used helmets for decades to prevent brain injuries, and they have undergone significant improvements in technology and design. Helmets are designed to reduce impact forces on the brain and skull by putting a cushioning material between the head and the hard surface it can strike in an accident.
The outside of a helmet usually has a durable, hard material, such as plastic or fiberglass, that helps to spread the crash forces. The inside usually has a soft, energy-absorbing material that absorbs and compresses during impact.
How Do Riders Suffer Head Injuries When Wearing A Helmet?
Helmets can prevent many serious head injuries, but their effectiveness is limited. Wearing a DOT-approved helmet will not always guarantee complete protection in a crash caused by another person’s negligence. Even with a good helmet, crash factors can increase the chances of a serious head injury.
Impact
The impact force in a bicycle, motorcycle, or scooter crash can still be transmitted through a helmet into the skull and brain. Helmets are supposed to absorb and distribute the impact force, but even the best helmets have limitations. A high-speed motorcycle accident crash or a crash with a large truck can cause massive crash forces that exceed the helmet’s safety margins.
Angle And Direction Of Impact
The angle and direction of the impact during the crash are also significant in how the helmet performs. A motorcycle or bicycle helmet usually protects the head against a direct blow to the top or sides of the head. However, in a serious accident, impacts can happen at many angles, leading to forces that the helmet isn’t designed for. Rotational forces may still lead to brain injuries, even if you wear a helmet.
Fit And Quality
Lastly, helmet fit and quality are vital. You should always have a DOT-approved helmet when using a bicycle, motorcycle, scooter, or similar device. A helmet that fits poorly or doesn’t meet DOT standards can lead to subpar performance when it counts the most. Also, always replace your helmet if you are in an accident with an impact to the head. The helmet may be damaged and can underperform in a subsequent accident.
Also, many motorcycle helmets protect the face and jaw, but not all do, and few bikes and scooters offer this protection. In serious accidents, facial injuries and broken bones can occur, as well as dental injuries.
Furthermore, helmets don’t always prevent concussions, as they mainly focus on preventing serious head injuries. A concussion can occur in even a minor accident, where the victim’s brain hits the inside of the skull.
Overall, wearing a helmet is an essential safety feature when riding your bicycle, motorcycle, scooter, etc. However, helmets have limitations in preventing many head injuries in accidents caused by someone’s negligence.
A personal injury attorney skilled in bicycle, motorcycle, and related accidents can help you understand your legal options and whether you have a valid claim for your head injury case.
How A Personal Injury Attorney Can Help With A Head Injury Claim
You were hit by a car on your bicycle in a crosswalk. You had your helmet on, but your head slammed into the car’s windshield and then on the pavement. You have a serious head injury. Assuming the other party caused the injury, you may be entitled to compensation for your medical bills, rehabilitation, lost earnings, etc.
You or your family may consider signing a settlement with the liable driver’s insurance company without hiring a bike accident lawyer. Unfortunately, many serious injury victims don’t understand their rights or the compensation they may be entitled to. As a result, they can settle a severe brain injury case for far less than what it’s worth.
The best action is to retain a brain injury or personal injury lawyer to represent you to maximize your settlement in a claim. Several ways are getting the most money for your brain injury can improve your outcome and life:
Surgical Support
Not every brain injury after an accident involves immediate surgery, but a head injury lawsuit by your lawyer will consider how your brain and mind heal if surgery is needed. Any procedure required to help your injured brain should be considered part of a financial settlement or jury award.
For example, a severe brain injury can require surgery to reduce pressure on the brain. You also may require future surgery to deal with vision, hearing, and cognitive issues related to your head injury. A skilled bike accident lawyer will argue for adequate financial support for current and possibly future surgeries. Therefore, you and your family can decide on a brain or skull surgery based on what is needed and not if you can afford it. Getting the surgeries and procedures you need after a severe head injury can make a significant difference between the best recovery and a subpar one.
Resources For Your Recovery
Regardless of whether you need brain surgery, a serious head injury requires money for the best recovery. This may mean financial aid for physical healing, such as home health staff changing your bandages to avoid infection. Or, you may need financial assistance to pay for other things related to recovery, such as:
- In-patient care for brain injury recovery
- Out-patient home care
- Physical and cognitive therapy
- Therapeutic and medical equipment for mobility and healing
- Other medical resources your doctors say you need to recover
A personal injury attorney will meet with your medical team to fully understand the resources you need to reach maximum medical improvement from your head injury.
Therapeutic Treatments
Depending on how severe the brain injury is, there can be significant mental and emotional anguish related to the situation. You may need ample compensation to pay for the mental and behavioral therapy required to deal with your condition.
A successful brain injury claim or lawsuit settlement may allow you to obtain full support when confronting mental trauma related to the injury. Your attorney will assist in receiving fair payment for mental and emotional trauma, psychological changes related to the injury, and any negative feelings you have about the situation.
Family Support
A brain injury from a bike or motorcycle accident can leave your family without vital financial support. A personal injury attorney may assist your family in receiving compensation for lost earnings, lost earning capacity, and loss of love and affection.
Can You Get Compensation If You Didn’t Wear A Helmet?
Not wearing a helmet in a bike, scooter, or motorcycle accident can increase the chances of a serious head injury. It also can affect the amount of compensation you receive. Suppose you were hit in a crosswalk on your bike. You weren’t wearing a helmet, and your head smacked on the pavement.
The at-fault driver’s insurance company may claim that you were negligent because you did not wear a helmet, which contributed to your brain injury. However, this does not mean that you cannot get compensation for your injuries.
An experienced brain injury attorney is familiar with insurance company tactics to blame the victim and will fight to prove that the other party is entirely at fault for your injuries.
How To Prove Negligence In A Head Injury Claim
Proving negligence in your head injury claim will involve showing that the other driver or party did not act with reasonable care, which led to your injury and damages. You and your personal injury attorney must collect evidence to prove the other party was at fault.
Common accident evidence that may prove fault in a head injury claim are:
- Photo and video evidence after the accident by you or a witness.
- Dash camera or surveillance video footage of the accident.
- Eyewitness statements say that another party was negligent and caused the accident.
- Police reports.
- Cell phone records show that a driver was negligent by texting during the accident.
- Medical records that show the extent of your injury and prognosis.
Your attorney is experienced in proving negligence in head injury cases. Turn over any evidence you have to your lawyer about the accident and your injuries.
How Much Head Injury Compensation Can You Receive?
Unfortunately, many head injuries are serious in motorcycle, scooter, and bike accidents. You can have a severe injury that affects your life for years or forever. How much you receive in a potential claim depends on these variables:
- Were you wearing a helmet? Not wearing a helmet doesn’t preclude you from being compensated in a lawsuit. However, not having a helmet on can lead the insurance company to blame you partially for your injury.
- The severity of your injuries. You may receive more compensation if you have a severe head injury that prevents you from working and caring for yourself. On the other hand, you can have a lower settlement if you have a concussion that eventually heals after several months.
- Medical bills. Some head injuries require hundreds of thousands or millions of dollars in hospitalization and surgery expenses. This is common when the head injury leads to permanent injury.
- Amount of lost earnings: You are usually entitled to compensation for lost earnings, which will be higher with a severe head injury. A serious head injury with permanent disability also may lead to compensation for lost earning capacity.
- Insurance: Your brain injury settlement may be influenced by the insurance available. The liable driver may have limited insurance, making it impossible to receive a full settlement, especially if the person doesn’t have any assets.
- Settlement or trial: Most brain injury claims after bike, car, or motorcycle accidents end with a settlement. Settling a lawsuit is usually faster and easier than going through an expensive trial. A settlement is for less than the full case value, but it allows you to receive the money and medical care you need. You can go on trial and get more money, but you can also lose and receive nothing.
Speak to an experienced head injury lawyer about what your case can be worth. They’ll review the accident and decide if another person probably injured you and the approximate case value.
Speak To A Personal Injury Attorney Today
Wearing a helmet while riding a bike, scooter, or motorcycle can prevent many serious injuries. Unfortunately, a helmet will not always prevent an injury to the head, face, or neck in an accident. Speak to a personal injury attorney today if you suffered an injury recently in a bike, scooter, or motorcycle accident. You can receive compensation for your losses.
