As personal lawyers who help Arizona accident victims after a severe motorcycle accident with head injuries and bicycle accidents with head injuries, we found the recent story of Ben Roethlisberger, the NFL Pittsburgh Steelers’ quarterback, interesting. After he had suffered a head injury, a concussion, he had trouble fitting his helmet back on his head. Apparently, there was ongoing swelling that actually caused the circumference of his head to increase in some way that made his normally well-fit helmet uncomfortable.
This story is enlightening on a number of levels that relate to seriously injured motorcyclists and bicyclists in Arizona. One of the most common defenses raised by defendants is that a properly fitted motorcycle helmet or bicycle helmet would have prevented the severe head injuries so many Arizona residents suffer. However, this story points out that even in the NFL with the best possible equipment, even slight variance in the conditions can take away from some of the protection offered by the helmet.
Arizona law does not require motorcyclists to wear helmets. Therefore, a personal or wrongful death claim can be made for somebody who is injured in a motorcycle accident even if they were not wearing a helmet. However, what most people do not realize is there are also laws that contradict this that allow a defendant who caused the injury to the motorcyclist to defend the case on the basis that the injury would not have happened if an available helmet had been used. Now, there are far too many issues that need to be fought every time this defense is raised to outline them here. And, of course, we would never discourage the use of helmets. However, people who are badly injured or suffer head injuries as a result of somebody else’s negligence in a motorcycle accident anywhere in the Phoenix, Arizona area or Tucson, Arizona area should not be deterred from at least considering their rights and possibly bringing a claim. The reality is that helmets do save lives, but they do not always save lives. The reality is that motorcycle helmets and bicycle helmets do reduce injury, but they certainly do not always reduce head injury. There are so many factors at play that experts who spend their whole life studying these issues need to often analyze the particular biodynamics of a motorcycle accident or bicycle accident involved in a car crash to determine whether or not the helmet could have been of any value.
It is therefore very difficult for families following serious injuries to determine whether they should even bring a lawsuit. The best Arizona personal injury lawyers helping motorcycle accident victims should not just encourage people to bring lawsuits, but should instead provide them with the information that they need to make the best decision for themselves and for their families. Analyzing the legal ramifications of helmet use or nonuse and allowing the family to make a determination as to whether or not the claim will be successful and whether it is worthwhile for them – financially and emotionally – are important qualities that every experienced Arizona trial lawyer should have. We welcome the questions people have, not just because they have already decided to bring a case, but because undoubtedly there are many questions that they want answered so that they can understand what is in front of them in pursuing their rights to fair compensation after a severe injury caused by somebody else’s negligence.