HELMETS----AGAIN!

Helmets save lives! I know I sound like a broken record and I am going to continue to as long as I see these horrific stories in the news.

On Monday evening, a motorcycle and a truck collided near 40th street and Thunderbird. The police are unsure whether the truck collided with the motorcycle or the other way around. Regardless of who hit who, the man in the truck reportedly walked away with no injuries, however, the motorcyclist was pronounced dead at the hospital. He was riding without a helmet.

In my opinion, it does not matter who hit who. There are legal implications certainly, but the legal implications make no difference to the motorcyclist at this point. However, the fact that the he was not wearing a helmet could make a huge difference to his family in being able to present a claim for damages. If the cause of his death was from head injuries, then these very likely could have been avoided by wearing a helmet. He would still be with us, and although banged up, I would think that his family and friends would be happy to have him banged up much more so than lost forever.

In Arizona, the law follows the doctrine of “comparative negligence”. This means that even if the motorcyclist did not cause the accident-- if it can be proved that his death would have been avoided had he worn a helmet, then his loved ones may be denied recovery.

We hope for the best for all involved in this accident and our condolences go out to the family and friends of both parties. No one walked away unharmed. No one wins in these matters.


** The Law Firm of Zachar & Associates specializes in Personal Injury and Wrongful Death. We value your comments so if you would like to speak with Chris Zachar directly please feel free to email him at Czachar@zacharlaw.com, or visit our website at www. ZacharAssociates.com .