Helmets & Brain Injury
Brain injuries often occur during a motorcycle crash. They happen whether you are wearing a helmet or not. There is little doubt that wearing a motorcycle helmet while riding will reduce the severity of the injury. According to the Insurance Information Institute in 2018 (most recent statistic), 4,985 motorcyclists died in motorcycle crashes, down 5 percent from 5,229 in 2017. You can get the motorcycle statistics download at National Highway Traffic Safety Administration.
We are NOT saying that everyone should wear a helmet when on your scoot–only that helmets reduce the chances of a severe brain injury. The choice, at least in Utah, is up to you providing you are 21 years old. The Utah Code states: A person under the age of 21 may not operate or ride any of the following on a highway unless the person is wearing protective headgear that complies with specifications…
Medical Treatment–the Sooner the Better
It is important that any biker injured in a crash seek immediate care for a brain injury. Getting the care needed is sometimes difficult because a lot of doctors simply think that a brain injury is a simple concussion. Although a concussion is a type of traumatic brain injury they are nothing to be dispensed with causally. Brain injuries, if not treated properly, will have life-long ramifications. There are certain medical treatments that can be performed to provide for the best recovery.
Imaging is Important in Brain Injury Cases
You also need to get scans of your brain. Medical imaging has come a long way since the relatively simple computerized tomography (CT scan) including the use of magnetic resonance imaging (MRI) has now become the gold standard. An MRI may be supplemented with a fluorodeoxyglucose and positron emission tomography scan (FDG-PET scan). If performed soon after the injury, these imaging studies can determine the presence and extent of injury and guide surgical planning and minimally invasive interventions. Neuroimaging also can be important in the chronic therapy of TBI, identifying chronic sequelae, determining prognosis, and guiding rehabilitation.
Litigating Brain Injury Cases
Imaging is also important to properly prosecute your case. Juries are a skeptical bunch–and so are insurance adjusters. Juries will see a motorcycle crash brain injury victim sitting in the courtroom and think, “there is noting wrong with him–he looks perfectly normal.” That is a problem. It is a problem because juries often think plaintiffs are there to hit the lottery jackpot and are skeptical at the get-go. They want to see something that proved the brain injury–they want proof, something they can see. Imaging, supported by an expert that will explain what the imaging shows often wins the day in court.
Insurance adjusters are also skeptical sometimes saying, “Oh come on–everyone has a brain injury…” They also know that if your attorney has no imaging that their chances of winning at trial just went up.
Winning the Brain Injury Case
When bringing a motorcycle brain injury case to trial your lawyer must have all cylinders firing and in the proper sequence. You need evidence that shows the crash, medical records detailing the care, the medical imaging of course, experts in brain imaging, experts in brain injury, and perhaps most important of all–an attorney that knows how to bring it all together.
At Utah Bike Law we have litigated many motorcycle brain injury cases. We know how to bring it all together.
Utah Bike Law is a motorcycle injury law firm and its lawyers who ride are dedicated to representing injured motorcycle riders and their families. If you or a loved one were involved in a motorcycle crash anywhere in the United States we invite you to call for a free confidential consultation. There is no obligation and you are not charged any fees whatsoever unless we recover money for you.
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