Excerpt from:  Motorcycle Lawyer
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January 31, 2006

Cases I Won't Take

Dressed for Disaster

Last week in Santa Monica I saw a rider with a riding gear setup that I have never understood. 

Good Quality full face helmet, Nice Alpinestar jacket with full body armor, and -- Shorts.  Obviously, this is a rider who appreciates, understands, and is willing to pay for, good quality safety gear.  Obviously, this rider understands that you only need safety gear if you have an accident.  Presumably, this rider understands that you never know when that is going to be.

Yet, for some weird reason, this rider takes a completely different view of his lower body.

What would a jury do with a knee injury or a spiral fracture of the leg?  My guess is not anything very pleasant.  I don't believe that you assume the risk of an accident merely because you choose to ride a motorcycle.  I don't believe that a car or truck has the right to cut you off just because you are on a motorcycle. 

However, I don't want to be in court arguing that it is reasonable to wear protective gear from the waist up, and take your chances from the waist down.

From California, it was next off to Maui, which made the rider above look like Mr Safety.  Very few riders with full gear, even though it was not all that hot for Maui, and even though there is a lot of hot weather gear on the market.  Lots of riders in t-shirts and shorts.  Many riders without helmets.  Some riders with no shirt at all, just shorts.

Guess what folks, it isn't pretty when you slide on pavement, skin first.

From a legal standpoint, the most important thing is whether a jury will like you.  I think it is hard to empathize with someone who just asks for it.


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