Motorcycle accidents pose particular dangers to both riders and passengers. Among the injuries that can be sustained, few are as devastating - or as likely to be fatal - as brain injuries. After any accident, it is important for brain injury victims to seek legal advice from a qualified motorcycle accident attorney. Victims have the legal right to be compensated for medical bills, projected future medical expenses, rehabilitation, pain and suffering, lost wages, and other expenses which are directly attributable to the negligence of another driver.
The Research on Brain Injuries in Motorcycle Accidents
The Journal of the American Medical Association recently published the findings of a study into the protection motorcycle helmets offer for operators compared to passengers. This study makes note of important facts about motorcycle accidents and traumatic brain injuries. First, it notes that helmets have been proven to reduce fatalities and serious traumatic injuries sustained in motorcycle accidents. Second, it notes that the National Highway Traffic Safety Administration has reported an increase in the proportion of road fatalities attributed to motorcycles compared with other passenger vehicles.
Of course, helmet use is not the only preventative measure which reduces the occurrence of traumatic brain injuries among motorcycle riders. The Public Library of Science reports on the findings of a study of brain injuries occurring as a result of road accidents in France. Researchers found a reduction in the number of traumatic brain injuries after stronger traffic legislation was introduced in 2002. The study reports that changes in road user behavior have been induced by enhanced law enforcement.
Legal Obligations of Alabama’s Road Users
Like France, Alabama has legislation which regulates the use of public roadways in order to promote safety and prevent traffic accidents. Under Section 32-5A-170 of the Alabama Code, all drivers are required to travel no faster than is reasonable and prudent for current conditions. Section 32-5A-174 also requires drivers not to drive so slowly as to impede the normal and reasonable movement of traffic. Section 32-5A-32 regulates left turns, which cannot be made if other pedestrians or vehicles are lawfully within the intersection. Other sections define the right-of-way in other situations, legal obligations in school zones, and other duties of care for drivers.
Evidence of a violation of an Alabama traffic statute can be used to prove that a driver was negligent. Irresponsible or reckless drivers are legally obligated to compensate injury victims for their financial losses. For victims of serious brain injuries, these losses can be significant. Initial medical costs can include ambulance transport, emergency department care, surgery, and lengthy inpatient hospital stays. Rehabilitation can also be lengthy and costly. Physical therapy, occupational therapy, speech therapy, pain management services, and other rehabilitative services may be required for years after a brain injury. Lost wages can also be significant. Some brain injury victims are never able to return to work. Some are, but only with reduced workloads or limited responsibilities. This leads to a decreased future earning potential that is directly attributable to the brain injury and thus subject to compensation by the negligent driver who caused the motorcycle accident which caused the brain injury. A Mobile motorcycle injury attorney will fight hard for the compensation brain injury victims deserve.