Research has shown that when states adopt more relaxed helmet laws and less restrictive requirements, helmet use decreases and motorcycle-related deaths and injuries increase. Currently only 19 states require all motorcycle drivers to wear helmets, contributing to the growing number of road deaths for motorcyclists across the country.
Helmet use prevents up to 37 percent of fatalities among motorcycle operators and 41 percent of fatalities among passengers, according to the U.S. Department of Transportation. In 2010, the National Highway and Traffic Safety Administration estimated that helmet use saved the lives of 1,544 motorcyclists.
Defective motorcycle helmets notwithstanding, studies have examined non-fatal injury outcomes among motorcyclists who wore motorcycle helmets and found that hospitalized riders wearing helmets were less likely to suffer traumatic brain injuries. Median hospital costs for those with traumatic brain injuries are 13 times higher than for those without such injuries.
In 2015, over 4,600 motorcyclists were killed in accidents, representing 14 percent of all road traffic deaths. Preventing motorcyclist deaths and injuries with the use of motorcycle helmets and other protective measures also translates to economic savings for the healthcare system and nation.
It is estimated that in 2010 alone, $3 billion in costs were saved as a result of helmet use in the United States. If every rider were required to wear a helmet on the road, another $1.4 billion could have been saved.
To be effective and prevent head injury, a helmet must be well-manufactured, meet design and safety standards set by the U.S. Department of Transportation, and should be tested properly by a third party. Consumers should only buy motorcycle helmets compliant with federal standards.
The Consumer Product & Safety Commission (CPSC) has the authority to issue recalls for Cycling Accidents, and has in years past. When helmets fail to meet minimal requirements. Helmet issues may include the following defects:
To improve motorcycle safety many road authorities have begun to identify defective motorcycle helmets and mandate the wearing of personal protective equipment, including specialized jackets, gloves, boots, and pants. Jackets meant for motorcyclists are typically made of leather, cordura, or Kevlar.
The World Health Organization (WHO) estimates that about 1.2 million people die each year as a result of road traffic crashes. Motorcyclists make up more roughly half of those injured or killed on the roads. Millions more are severely injured and permanently disabled. Most deaths are preventable with helmet use.
Head injuries are the main cause of death and disability among motorcycle drivers. Wearing a helmet is the single most effective way to reduce head injuries and fatalities resulting from motorcycle crashes.
Helmet use has been shown to decrease the risk and severity of injuries among motorcyclists by about 70 percent, and cut the likelihood of death by almost 40 percent. However, defective motorcycle helmets are on the market and endanger riders.
Joe Lyon is a highly-rated personal injury attorney. After a serious motorcycle accident, victims should contact a legal professional to investigate if defective motorcycle helmets contributed to an injury.
Serious injuries and accidents often result through no fault of the injured party, yet the injured victim suffers from life altering physical, mental and financial losses. Such economic and human losses can have devastating financial consequences on individuals and families if not properly compensated. Tort law allows those individuals to seek just legal recourse through personal injury lawsuits.
Any kind of negligence by an individual or company that causes injury or harm can lead to filing a personal injury lawsuit. The amount a plaintiff is entitled to depends on several factors, particularly how egregious the act and how serious the injury.
Personal injury attorneys generally only will take cases on a confidential and contingency fee basis, which means your lawyer will only get paid if he or she is able to reach a settlement or positive verdict. The Lyon Firm will review your case for free and assess what compensation any plaintiff can expect through litigation.
Personal Injury cases can range from minor auto accidents to complex lawsuits filed against large corporations. The Lyon Firm has handled both with equal care. Severe injury requires legal action on occasion, no matter if the injury is the result of a vehicle accident, a dog bite, a boating accident, workplace injury, defective consumer products, medical malpractice, or toxic exposure.
Pre-Suit Investigation and Negotiations: Personal injury lawsuits are unique and require a thorough investigation before a lawsuit is filed. An initial investigation involves gathering all relevant medical records, accident reports, and interviews with available witnesses. Preservation letters are drafted to notify the defendant of the case. The duty to preserve electronic evidence is critical in most cases to prevent spoliation.
Filing a Lawsuit in Cincinnati: If pre-suit negotiations are unsuccessful, then a lawsuit must be filed to preserve the statute of limitations. Filing a lawsuit early in the process is often necessary to begin gathering evidence while the witnesses memories are fresh and documents remain available.
Once suit is filed by your personal injury lawyer, the court will set a case management schedule and the parties will begin exchanging information in the formal process of discovery. Depositions will be taken to preserve testimony for trial and to understand what certain witnesses are likely to say at trial.
Proving Negligence, Causation and Damages: In addition to lay witness testimony and other documentary evidence, personal injury claims rely upon medical and scientific evidence to prove negligence, causation and damages. The chosen expert in a case must have a reliable and sound basis in science and in the facts of the case or his opinion may not be admissible under the rules of evidence.
In the areas of Toxic and Environmental Torts, the admission of expert testimony may be scrutinized harder than in other areas simply because the subject may not have been as widely tested and may rest on novel scientific theories.
Each state will vary. Under Ohio law, an injured party may recover damages related to medical expenses, lost wages, property damage, loss of enjoyment of life, past pain and suffering, future pain and suffering, and punitive damages. The numerical limits are as such:
The Lyon Firm may be able to file injury claims and recover rightful compensation for clients for medical expenses, pain and suffering, lost earnings and long-term disability.
Our Firm will help you find the answers. The Firm has the experience, resources and dedication to take on difficult and emotional cases and help our clients obtain the justice for the wrong they have suffered.
Experience: Joe Lyon is an experienced Personal Injury Lawyer. The Lyon Firm has 19 years of experience and success representing individuals and plaintiffs in all fifty states, and in a variety of complex civil litigation matters. Personal Injury lawsuits can be complex and require industry experts to determine the root cause of an accident or injury.
Mr. Lyon has worked with experts nationwide to assist individuals understand why an injury occurred and what can be done to improve their lives in the future. Some cases may go to a jury trial, though many others can be settled out of court.
Resources/Dedication: Mr. Lyon has worked with experts in the fields of accident reconstruction, biomechanics, epidemiology, metallurgy, pharmacology, toxicology, human factors, workplace safety, life care planning, economics, and virtually every medical discipline in successfully representing Plaintiffs across numerous areas of law. The Lyon Firm is dedicated to building the strongest cases possible for clients and their critical interests.
Results: Mr. Lyon has obtained numerous seven and six figure results in personal injury, automotive product liability, medical negligence, construction accidents, and auto dealership negligence cases. The cases have involved successfully litigating against some of the largest companies in the world.
The Lyon Firm aggressively, professionally, and passionately advocates for injured individuals and families against negligent individuals or companies to obtain just compensation under the law.
(Brown County, Kentucky): The Lyon Firm was second chair a case involving a driver texting and driving when he crossed the median, killing a father of four. The case was resolved once discovery confirmed the cell phone records proved the texting-related incident. The settlement will pay for the surviving childrens’ education. The driver was likely facing additional criminal charges at the time of the settlement.
(Cincinnati, Ohio): The Lyon Firm was lead counsel in a $495,000 settlement. This case involved a motorcycle operator who sustained fractures of the calcaneus, talus, medial cuneiform, tarsal bones, and tarsometatarsal when a car ignored its driving lane and crossed into his right-of-way. Settlement provided repayment of medical bills of $20,000 and funds for future education to re-enter the work force in a less physically-demanding job.