In our work helping Arizona accident victims, a recent story involving Ben Roethlisberger, the Pittsburgh Steelers’ quarterback, seemed eerily familiar to our own work with motorcycle accidents with head injuries and bicycle accidents with head injuries. According to the story, the quarterback could not fit comfortably into his helmet after suffering from a concussion because swelling had increased the circumference of his head.
The issue that a properly fitted helmet should be worn by motorcyclists and bicyclists is one that is often brought up by defense attorneys in personal injury lawsuits involving severe head injuries in Arizona. What this story shows, however, is that even with the best equipment, a slight variation can negate some of the protection a helmet offers.
As Arizona law does not require helmets to be worn by motorcyclists, a wrongful death or personal injury suit can be filled even if the rider was not wearing a helmet. What many people may not realize is that the defense can also use the fact that a rider was not wearing a helmet to query whether the injury would have happened had the rider worn head protection.
As Phoenix personal injury lawyers, we encourage the use of head protection for motorcyclists and bicyclists, but we also know from our experience in pursuing claims for both motorcycle and bicycle accidents that helmets do not always provide enough protection to prevent injury, or to save a life. This is why we encourage those who have suffered head injuries in an accident as a result of someone else’s negligence in Phoenix, Tucson, or elsewhere in Arizona to consider their rights and the possibly bring a claim. The only way in which it can be determined whether a helmet would have prevented injury or death is by examining the dynamics of each individual bicycle accident or motorcycle accident.
Because of this, it is often difficult for people to decide whether they should sue. Phoenix motorcycle crash victims need certain information so that they can make the best decision for them, both emotionally and financially, and not just file a lawsuit without considering what that entails and if it’s even necessary. That is why it is important that personal injury lawyers provide those who suffer from severe injuries due to another’s negligence with the information they need in order for them to decide whether or not to pursue a case.
