WHAT SHOULD I WEAR?

Although all of us know what kind of gear and clothing are most protective when riding, in summer months we’ve all seen riders with tank tops, shorts and tennis shoes.  If you have the misfortune of being involved in an accident when wearing “summer clothes” not only are you likely to sustain more significant injuries, but should you later make a claim and your case ultimately goes to trial, you may not be awarded full compensation for your damages. Irrespective of whether any given state allows the defense of assumption of risk or comparative negligence for failure to wear appropriate gear, in almost every instance, the jury will be aware of the fact that the rider’s injuries are more severe due to his or her failure to wear protective gear at the time of the accident. 

Assumption of risk loosely means that you knew the risk and you took it and comparative negligence means you are partially at fault for your own damages.  Even if the law does not allow the defense lawyer to make those arguments, jurors will form their own conclusions about those issues --- and may very well come down on the side of the defense. It is evident in many of our trials that many prospective jurors believe that motorcycle riders do assume certain risks and they should be partially responsible for their own injuries.  While we generally are able to excuse most of those jurors from the panel, we still have the hurdle of diffusing any prejudice against motorcyclists that remains in the chosen jurors. Moreover, it is no secret that jurors don’t always follow the letter of the law, sometimes known as jury nullification.

Although lawyers generally interview jurors after the trial is over, we are not privy to their deliberations and we don’t always know whether they are forthright in their explanations to us after the trial.  While they may state that the type of clothing was not a factor in their decision, we never really know for sure whether it was or not. With that in mind, motorcycle riders should always be aware that not only are appropriate gear and clothing a safety issue, but failure to wear such gear can be a significant detriment in resolving any claims that may arise from the misfortune of an accident.

Russ and Terry Specialize in Motorcycle Law and can be reached at: 1-800-4-BIKERS

Russ Brown
10429 S. 51st St #265
Phoenix, Az 85044
480-477-8660
1-800-4-BIKERS
www.russbrown.com