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Re: Protective clothing was RE: [ST] Uploaded pics



- ----- Original Message -----

>  . . . It is my belief that not only should you *always* wear armored
leather for your own
> safety, but also for the cage driver that you may collide with.  Sure, the
> cage may have made a mistake, but should he have to pay for it with the
> guilt of massacring your unprotected body? There are a lot of injured
bikers
> out there that were perfectly in the right. Personally, I think that
> insurance companies should hold bikers 50% responsible for injuries if
they
> are not wearing protection.
> Chris

Chris:

Wow!  That's a very conservative attitude.  As a lawyer who specializes in
defending claims and lawsuits, your idea of "contributory negligence" for
failure to wear "proper protective clothing" would be really helpful to me
in defending a lawsuit against the car driver but I submit it would be
unfair to the motorcyclist.  (You may be interested to know that in Texas I
cannot mention in a trial that an injured passenger in a vehicle was not
wearing a seatbelt.  Even though the law requires all drivers and passengers
to wear seatbelts, the failure to wear one cannot be mentioned to the jury
who will ultimately decide negligence and damages in the case).

If there is evidence that a motorcyclist caused or contributed to an
accident with a car, that is allowed to be put before the jury.  I think,
however, that to put on evidence that a motorcyclist was not wearing a
leather coat and then argue that the injured motorcyclist damages should be
reduced because of that fact (assuming the motorcyclist was not otherwise
negligent and the car driver was 100% negligent) would really be unfair to
the motorcyclist.

Think about this:  Although I personally think it is dumb to ride without a
Arai, Shoei, or other "premium" helmet.  Should someone have their damages
reduced because they prefer a low cost helmet?  In central Texas during the
summer, it is often 95+ degrees by noon.  Should a motorcyclist be held
responsible for contributing (at least to some percentage) to his medical
costs, pain and suffering, etc. if it is too hot to wear a leather coat (or
any type of coat for that matter) while riding his motorcycle?  What if the
motorcycle is his only transportation and he cannot afford a leather coat?
Should the person who wears an Aerostich suit be held responsible for some
of his injuries because he could have worn a one piece leather racing suit
with CE armor instead?  Do you really want 12 people on a jury (who probably
do not even ride a motorcycle) deciding this issue?

Just food for thought.

John Westcott
Portland, Texas



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