If I was in an accident with a motorcycle driver, should I contest the enhanced penalty for serious injury if he was not wearing a helmet?

Asked on March 2, 2015 under Accident Law, Arizona


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You should contest the enhanced penalty for serious injury to the motorcyclist for not wearing a helmet based on the following grounds:

1) Assumption of the risk.  This means that the motorcyclist recognized and understood the danger of not wearing a helmet and voluntarily chose to encounter it.

2) Contributory negligence.  This means the motorcyclist contributed to his own injury because he was negligent in not wearing a helmet.

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