San Diego, CA. On July 25th 2024, a 20-year-old woman is clinging to life because she fell off a bike after the rider, who was operating recklessly, lost control of the bike. This occurred in Mission Beach, CA which is a small city located in San Diego County.
The motorcyclist allegedly was speeding and doing wheelies. As the man exited the parking lot, his front wheel came down, and he lost control of the motorcycle. The woman passenger, who was not wearing a helmet, was thrown from the motorcycle and sustained a skull fracture.
Passenger Injuries
Injured passengers have the same legal and financial rights as injured drivers. But, mostly for emotional reasons, these victims often don’t partner with a San Diego personal injury lawyer who upholds these rights.
Most injured passengers have personal relationships with tortfeasors (negligent drivers). So, they don’t want to “blame” the driver for an “accident.”
Civil cases do not blame anyone for anything. Criminal courts assess blame. Civil courts award compensation. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Furthermore, most vehicle collisions are not accidents. Driver mistakes cause over 98% of the car crashes in California. We all make mistakes, and we must all accept the consequences of those mistakes, whatever those consequences may be.
The Helmet Defense
This defense, which varies in different states, resembles the seat belt defense. Victims who do not wear motorcycle helmets, like victims who do not wear seat belts, could be legally responsible for their own injuries.
California’s version of the helmet defense law is complex. Juries are allowed to hear evidence of helmet non-use to prove comparative fault. So if the victim’s failure to wear a helmet substantially caused the victim’s injury, the court might reduce the aforementioned compensation.
Many motorcycle crash-induced head injuries are motion-related, not impact-related. When people fall, their brains slam against the insides of their skulls. So, a personal injury lawyer can successfully argue that the victim would have sustained a head injury whether or not they wore a helmet.
Additionally, California is a pure comparative fault state. Even if the victim’s failure to wear a helmet substantially caused the injury, the tortfeasor is still liable for a proportionate share of damages.
Count on a Dedicated San Diego Auto accident Lawyer
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in San Diego, contact Ozols Law Firm. We routinely handle matters throughout California