An accident that occurred on Nuangola Road in Slocum Township has left one man dead. According to police officers, the accident took place in the late afternoon, around 4:30 p.m., and involved two motorcycles. Officers reported that a 23-year-old Wilkes-Barre, PA man (who has now been identified as Christopher Malys) was riding a Kawasaki motorcycle and 42-year-old Tedd Eldridge of Nanticoke was riding a Harley Davidson motorcycle at the time the accident occurred. Witnesses reported that both motorcyclists were driving around a turn, when they slid and crashed into each other. Both men were transported to local hospitals for treatment. Malys, who was wearing a helmet, survived the crash. 42-year-old Eldridge was not wearing a helmet and unfortunately did not survive. Malys has now been charged with careless driving and will have to go to court and face possible jail time. However, the police have not commented on what Malys did that constituted careless driving.

Will Not Wearing a Helmet Affect My Personal Injury Claim?

Some people believe that if they were not wearing a helmet and were in a motorcycle crash then they do not have grounds to bring a personal injury claim or sue for the injuries that they sustained. However, that is not the case. In Pennsylvania it is legal for individuals over 21-years-of-age to ride a motorcycle without a helmet if they meet certain requirements. All drivers owe a duty of reasonable care to all other drivers on the road. If a driver breaches this duty by driving carelessly or negligently driving then they become liable for all harm that occurs as a result. This is true regardless of whether the injured person was wearing a helmet or not. However, that is not to say that not wearing a helmet cannot have a negative impact on your claim. If your injury could have been mitigated or prevented by wearing a helmet then your damages award may be reduced proportionately, which, in some cases, may prevent or significantly reduce recovery. On the other hand, if your injury would not have been affected by your choice to wear a helmet, such as a knee injury or a broken foot, then it is unlikely to have any impact on your recovery whatsoever. In short, if you have been seriously injured in a motorcycle accident that was not your fault, it is important and possible to hold the liable party financially accountable for the harm they caused regardless of whether you were wearing a helmet at the time of the accident. The best thing you can do is call and talk to an experienced Pennsylvania personal injury attorney today to get an accurate and comprehensive understanding of what your options are legally.

Talk to a Pennsylvania Personal injury Lawyer

If you have been injured in a Pennsylvania car, motorcycle, or vehicle accident, it’s important to speak with a qualified attorney as soon as possible. Schedule a free initial consultation with the personal injury attorneys at the O’Donnell Law Offices serving clients in Kingston, Wilkes Barre, Hazleton and Pittston at 570-821-5717 or online today. There is no fee or costs until we win your case.


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