Quote:
Originally Posted by jolinar of malkshor
Pretty hard to prove what was sustained without a helmet and what wouldn't have been.
You will never be able to prove it so Kens point sticks.
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Well it is proved all the time. That is why they have expert witnesses in court rooms.
The following are decisions of the Alberta Court of Appeal on Contributory Negligence
http://www2.albertacourts.ab.ca/jdb/...08abca0056.pdf
http://www2.albertacourts.ab.ca/jdb/...07abca0004.pdf
http://www2.albertacourts.ab.ca/jdb/...04abca0374.pdf
The last one is a case where a drunk smoked a work truck and caused brain damage for the drunk driver. The company that the individual worked for was assessed 75% of the damage despite the fact that the individual who hit the vehicle was legally driving while impaired.
Again, courts do this all the time. It would be very easy for a court to make a judgment on what was caused by the crash and what was caused by lack of wearing a helmet.