Archives for June 2020

Eye Injuries a Serious Risk for Scooter Operators

University Study Shows Increase in Facial Trauma

Eye Injuries a Serious Risk for Scooter OperatorsResearch at the University of California San Diego (UCSD) indicates that as the popularity of electric scooters has risen dramatically, the number of scooter injuries has skyrocketed as well, with a significant portion of them involving trauma to the head and face, particularly the eyes. The study, conducted over a 12-month period in late 2018 and early 2019, looked at injuries suffered by scooter-accident victims who sought treatment at two UCSC emergency rooms. The report found that many patients coming into the emergency room with scooter-related injuries had complex facial fractures to bones around the eyes, and many had serious eye injuries as well. Nearly all had some type of facial fracture (over 90%), with most of those being complex fractures. About 75 percent needed hospitalization, and one in four required surgery. Of those who participated in the study, two of every three underwent an eye exam. Doctors found retinal hemorrhaging and numerous lacerations involving eyelids. One patient experienced temporary blindness because of pressure inside his eye. None of those who suffered injury were wearing a helmet

Under California law, electric-scooter operators over the age of 18 are not required to wear a helmet. Though studies in other parts of the country indicate that the mandatory use of helmets dramatically decreases the number and severity of head injuries among scooter operators, such laws have not been enacted. Opponents say requiring helmet use would be a significant disincentive to use of electric scooters—people will choose to rideshare or walk instead

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At Weber & Nierenberg, we have effectively represented personal injury victims throughout California for more than three decades, including victims of vehicle accidents. Contact us by e-mail or call our offices at 1-866-288-6010 to set up a free initial consultation

Wearing a Helmet While Riding a Motorcycle

Can You Recover Compensation When Someone Else Causes You Injury but You’re Not Wearing a Helmet?

Wearing a Helmet While Riding a MotorcycleCalifornia, like many other states, requires motorcyclists to wear a helmet while operating a bike on the road. You can receive a ticket for failure to do so. But what happens if you’re on a motorcycle and another motorist causes an accident that leaves you injured? Are you precluded from seeking damages because you weren’t wearing a helmet?

The Impact of Not Wearing a Helmet on a Personal Injury Claim

Fortunately, the fact that you weren’t wearing a helmet does not automatically prevent you from filing a lawsuit for your injuries. It may, however, limit the amount that you’re able to recover.

Here’s how it works. Like all other states, California applies the concept of comparative negligence to cases where there is negligence on the part of both parties to a personal injury claim. Under California’s “pure comparative negligence” approach, the jury first determines the full extent of losses suffered by the plaintiff (person filing the lawsuit) and then determines the extent to which the plaintiff’s own carelessness or negligence contributed to the injuries suffered. The total damage award is reduced by that percentage.

If you are hurt in a motorcycle accident and were not wearing a helmet, it’s likely that the jury will consider your failure to do so evidence of carelessness or negligence. Accordingly, if you suffer head injuries—cuts, bruises, or traumatic brain injury (TBI)—and the jury determines you wouldn’t have sustained those injuries had you been wearing a helmet, then you may not be able to fully recover for those losses. Under the California pure comparative negligence statute, though, you will always be able to recover something, unless the jury finds you to be 100% responsible for your injuries.

Contact Our Offices

At Weber & Nierenberg, we have effectively represented personal injury victims throughout California for more than three decades, including victims of motorcycle accidents. Contact us by e-mail or call our offices at 1-866-288-6010 to set up a free initial consultation.

 
 
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