Common Motorcycle Head Injuries for Not Wearing a Helmet

Motorcyclists who ride without a helmet face an increased risk of serious head injuries during accidents, which can result in long-term disabilities, high medical costs, and even fatalities. Many riders are unaware of the legal and safety implications of riding without any protection. Knowing these cases’ risks is crucial whether you seek compensation for an accident or simply want to stay informed. If you’ve suffered such an injury in New Mexico, Parnall Law can help in the legal process.

Why Helmets Are Essential for Your Safety?

Wearing them is the most effective way to reduce the risk of head injuries in motorcycle collisions. Helmets are designed to absorb the impact, protecting your head and brain from trauma. According to the National Highway Traffic Safety Administration (NHTSA), this equipment reduces the risk of head damage by 69% and lowers the chance of fatality by 42%.

While New Mexico only requires riders under 18 to wear them, the safety benefits apply to riders of all ages. For riders over 18, wearing a helmet is a personal choice. That being said, it is also essential to understand that choosing not to wear one puts you at a significantly higher risk for life-threatening injuries. The Centers for Disease Control and Prevention (CDC) states that motorcycle helmets save hundreds of lives yearly and could prevent many more deaths if worn universally. For additional information on the importance of using protective headgear, visit the Eastern Association for the Surgery of Trauma’s study on helmet efficacy.

Most Serious Head Injuries

These can range from mild concussions to severe traumatic brain injuries (TBIs). Below are some of the most common types of head injuries sustained in motorcycle accidents when helmets are not worn:

• Traumatic Brain Injury (TBI): Some of the most grave injuries that a motorcyclist can suffer. These occur when a violent blow or jolt to the head damages the brain, often leading to long-term cognitive impairment, motor function loss, and, in extreme cases, death. TBIs can result in significant medical costs and ongoing care needs, sometimes for the rest of a victim’s life.
• Concussions: A type of TBI that occurs when the brain moves rapidly inside the skull due to a sudden impact. Although they are considered a “milder” form of brain injury, their effects can be serious, causing dizziness, confusion, memory problems, and other cognitive issues that might linger for weeks or months.
• Skull Fractures: These tend to happen when the impact from a crash is so strong that the skull bones crack or break. A fracture of this nature can lead to additional complications like bleeding in the brain, infections, or brain swelling, which can be fatal if not treated promptly.
• Diffuse Axonal Injury (DAI): This is an acute brain injury caused by the tearing of the brain’s long connective nerve fibers due to the intense forces of a crash, often resulting in a coma or vegetative state, with very little chance of recovery.

The National Institutes of Health conducted an in-depth study on traumatic brain injury in motorcycle crashes, revealing that motorcyclists who ride without helmets face a significantly higher risk of severe damage and highlighting the critical importance of helmet use in preventing or mitigating the aftereffects of these injuries. Their findings emphasize the need for immediate medical care and comprehensive legal support for accident victims.

Can You File a Lawsuit if You Weren’t Wearing a Helmet?

If you’ve been in a motorcycle accident and weren’t wearing a helmet, you probably wonder whether you still have the right to sue for damages. The answer is yes, but the case may be more complex. New Mexico follows a “comparative negligence” rule, meaning that your compensation might be reduced based on the percentage of fault attributed to you.

For example, if you are found to be 20% responsible for your injuries because you weren’t using the proper protection, your final compensation may be reduced by that percentage. However, you can still sue for medical expenses, lost wages, pain and suffering, and other damages if the other party was primarily at fault for the accident.

Our team represents individuals involved in these situations, offering experienced legal guidance. Even if you weren’t well-protected, you may still have the right to pursue significant compensation for your injuries. We are dedicated to ensuring you understand your rights and options throughout the legal process.

How Do Insurance Companies Process Accidents with No Helmet?

When it comes to these incidents, insurance companies can be particularly difficult to deal with. Although this security measure is not legally required for adult riders in New Mexico, insurance adjusters may argue that not wearing a helmet contributed to the severity of your injuries, thereby reducing the amount they are willing to pay.

They often focus on this aspect in cases involving head trauma, claiming that wearing a helmet could have lessened the damage. This can result in lower settlement offers, delays in processing claims, and lengthy negotiations. Nonetheless, experienced legal representation can counter these tactics by focusing on the other driver’s negligence or the specific circumstances of the accident.

At Parnall Law, we understand the tactics insurance companies use and are prepared to advocate for the compensation you deserve. Our team will guide you through building a solid case and protecting your interests, ensuring that insurance adjusters do not exploit you.

Don’t Wait—Get the Legal Support You Need Today

If you or a loved one has sustained a head injury in a motorcycle accident while not wearing a helmet, you don’t have to face this difficult journey by yourself. Whether or not you were partially at fault, Parnall Law is committed to guiding you through the legal process. Our dedicated team in Albuquerque, NM, has a proven track record of success in motorcycle accident cases, and we are ready to fight for the compensation you deserve.

Reach out to us for a free consultation at (505) 268-6500 or contact us online today, where we can discuss the details of your situation and explore the legal options available for you.