Is It Possible to Sue if you Don’t Wear a Helmet in a Bicycle Accident?

Is It Possible to Sue if you Don't Wear a Helmet in a Bicycle Accident?

Under California law, cyclists under the age of 18 must wear helmets. Before 2015, all individuals were required to wear bike helmets, but a legislative amendment allowed adults to opt-out.

A helmet is unquestionably safer to wear at all times. Researchers have proven that bike helmets can prevent serious injuries and save lives for decades, which is why California established its first helmet regulation in 1993.

New bike-friendly rules have been enacted by California over the past few years to improve public safety, improve traffic flow, and protect the environment. It is largely unknown to many motorists that in California cyclists have the right to share the road no matter whether or not they wear helmets.

Accidents involving bicycles are common in big cities such as San Francisco and Los Angeles, where as many as 20,000 cyclists live. When you are involved in a collision with a vehicle, scooter, pedestrian, or another bicycle, every detail of the collision is vital.

Are there any consequences to not wearing a helmet in a bicycle accident case? Hopefully, you will be relieved to learn what the law says about your situation after reading more about this subject.

Does California Law Address The Issue of Helmet?

The comparative negligence rule is used in California personal injury cases. According to the system, each person’s responsibilities are assigned a percentage, with a total of 100%.

It is, therefore, possible for you to be held 50% at fault for the accident and 50% at fault for the other person. There are 0% faults on your part and 100% on their part, or vice versa, or anywhere in between. Depending on the number of people involved in the accident, the fault can even be split three ways or more.

You will have a reduction in the amount of your bicycle accident compensation award if you share some blame for the accident. Thus, if you’re 50% at fault and you receive $200,000, you’ll still be awarded $100,000.

In California, however, no adult can be blamed for not wearing a bicycle helmet no matter what the split between the two is. You cannot be held responsible for riding without a helmet. Consequently, you are still entitled to sue or file for insurance.

How Can Injured Cyclists in California Seek Compensation for Their Injuries?

As a result of the legal facts outlined above, some cyclists in California face an uphill battle in their quest for compensation if they are involved in a bicycle accident. Despite this, wearing a helmet does not affect your responsibility percentages, but it may have an impact on their causation, and you may have your claim discounted because you didn’t wear one.

There is also a great deal of prejudice toward bicyclists! A vehicle that hits you might claim that you are to blame for the collision because you refuse to wear a helmet, making you appear to be a dangerous biker.

Additionally, there is the possibility that a police record will indicate that you caused the accident or that you were cited for a traffic infraction. Additionally, there is the possibility that a witness will say something negative about you. Alternatively, a pushy insurance assessor may try to persuade you that your lack of a helmet jeopardizes your claim.

With the assistance of an experienced bicycle accident attorney in California, none of these things will matter.

Never hesitate to seek legal representation until you speak to an experienced attorney whose goal is to serve your best interests. Our Deldar Legal Injury Attorneys are here to help you determine your next step and understand your rights.

Your mental health and financial security could be impacted at this time in your life. You might be able to obtain full and fair compensation for your medical bills, pain, and suffering, bike damage, missed work, and the further treatment you need to recover from your injuries with a lawyer’s assistance.


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Posted in: Auto Accidents, Bicycle Accidents, Bus Accident, Pedestrian Accidents, Personal Injury

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