If you have ever visited a construction site, you have seen a lot of large signs that point out the hard hat areas throughout the site. If you don’t follow the hard hat rules on a construction site, then any injuries you sustain might not be the fault of the construction company. What about helmets? If you decide to not wear a helmet in certain situations, could that be considered negligence on your part?
Situations Where A Helmet Should Be Worn
There are many situations where a wearing a helmet is a good idea. Activities such as bicycle riding, motorcycle riding, skateboarding, and inline roller skating are all dangerous activities where a helmet could be beneficial. Some people would call wearing a helmet in these situations common sense, but others prefer the freedom of not wearing a helmet.
When Wearing A Helmet Is The Law
If you sustain a head injury because you were not wearing a helmet in a situation where wearing a helmet is mandated by law, then you could be considered 100 percent negligent. One thing is for sure, even though you were injured you will have to incur the penalties for not wearing a helmet. In these instances, the law makes it easy for defendants in personal injury cases to say that the person who was not wearing a helmet was 100 percent negligent for their own injuries.
While it is possible that a person injured while not wearing a helmet in a situation where helmets are mandated by law could be considered 100 percent negligent, that is not always the case. In most cases, not wearing a helmet in a situation where common sense dictates a helmet should be worn can be referred to as contributing negligence.
Contributing negligence means that the plaintiff, in some way, brought about their own injuries through their own action. In most parts of the country, not wearing a helmet (whether it is mandated by law or not) can be considered contributing negligence and could mean that the plaintiff will not receive 100 percent of the compensation they are awarded in court.
How It Works
For example, a person in inline roller skating on a public path without wearing a helmet and they hit a huge hole in the paved path. They tumble to the ground and are seriously injured in the head and other parts of the body. They sue the city responsible for maintaining the path, and the courts decide that the plaintiff is partially responsible for their injuries because they did not wear a helmet. In this instance, not wearing a helmet is considered contributing negligence and will cost the plaintiff part of their settlement.
Instead of taking chances, it is always a good idea to wear a helmet whenever you are engaged in any type of potentially dangerous activity. If you do not wear a helmet, whether it is mandated by law or not, the civil courts in your area will consider you at least partially negligent for any injuries you may sustain while engaging in any type of potentially dangerous activity. Not wearing a helmet could not only lead to serious head injuries that you might be considered partially responsible for, but it can also cost you money when it comes time to get your financial settlement.