If you are injured on a motorcycle not wearing a helmet, you need a lawyer familiar with the Insurance Defense Industry. Insurance companies love to dodge full responsibility by claiming the injured rider was somehow “negligent” for both riding a motorcycle and, Lord help us jurors, riding without a helmet! In broad daylight!
THAT IS NOT THE LAW OF THE STATE OF TEXAS
Defendants (NOT RIDERS) are responsible for the full extent of the injuries Defendants cause, even if the rider is inherently vulnerable riding a motorcycle, even without a helmet.
That is where Motorcycle Man raises an OBJECTION!
Your Honor, the “Eggshell Plaintiff Rule” prohibits evidence or argument regarding the lawful rider without a helmet. Defendants may not so much as SPEAK THE WORD HELMET without your permission.
Sustained, Counselor. Move along.
This rule, also called the “Thin Skull Doctrine,” says a negligent driver must take the victim as they find the victim. With or without a helmet. This doctrine establishes that during the 1800s in England this “common law” was established.
Remember when the Law was common Motorcycle Man asks.
What the Defense Is Really Trying to Do
At the end of the day, the Insurance Defense Industry wants to shift the jury’s focus.
They want attention off the Defendant and onto the rider’s choice to ride a motorcycle in the first place. With all of its cultural importance subliminally communicated to a jury as conservative as the Insurance Defense Industry can find.
Gettin into their minds so you lose right and wrong Deano said.
Attacking the rider’s choices for freedom.
The eggshell plaintiff rule exists to stop that kind of argument.
Defendant is responsible for all injuries related to his or her negligence without regard for the “foreseeability” of the injury. Causation has a foreseeability element. We are not talking Causation. We are talking Damages. Foreseeability is not a part of Damages.
Motorcycle Man’s mentor shakes his head. That’s confusing. Say it this way.
The injury is the injury. Is the injury.
Final Word
If you were hurt in a Texas motorcycle crash and the insurance company is trying to minimize your injuries do not let them sell your story without a fight.
The law does not require you to be perfect. It does not require you to be average. And it does not let a negligent driver escape responsibility because your injuries turned out to be worse than expected.
The rule is simple:
They take you as they find you.
And if their negligence caused the harm, they are responsible for all of the harm.
CALL DEANO (832) 444-6085
Justice Will Be Served!
