Setareh Law
December 8, 2023
Many bicycle accidents culminate in devastating injuries and tragic consequences. To mitigate the risks associated with such collisions, many states have implemented helmet laws that mandate the use of protective headgear. However, do helmet laws really influence bicycle accident claims?
Helmet laws may affect your bicycle claim in more ways than one. Setareh Law can help you protect your rights and get the compensation you deserve if you were injured in a bicycle accident due to another individual’s negligence.
What Are the Laws About Wearing Helmets?
Helmet laws vary across different states. Some require helmet usage for all cyclists, while others impose age restrictions or specify the types of helmets to be worn. Compliance rates with helmet laws also differ, with some studies suggesting that only a small portion of cyclists consistently wear helmets.
Despite the many studies that have shown that helmets help protect riders from injury, California doesn’t require bicyclists above the age of 18 to wear a helmet. Since only a small portion of cyclists consistently wear helmets, many individuals are easily injured in accidents due to the overall lack of protection.
Do Helmet Laws Affect Bicycle Accident Claims?
Helmet laws can influence negligence and liability determinations in bicycle accident claims. Courts may consider helmet usage as a factor in assessing the duty of care exercised by the cyclist. Failure to comply with helmet laws could lead to contributory negligence arguments, where the injured cyclist’s compensation may be reduced due to their negligence. However, the specific legal implications can vary depending on the circumstances of the accident.
Insurance companies, while evaluating claims, may take into account the use or non-use of helmets by the injured cyclist. This evaluation can impact the settlement amount or the overall outcome of the claim. Working with a skilled lawyer can help you get the compensation you deserve following your accident.
What to Do If You Are Involved In an Accident Without a Helmet
Cyclists are encouraged to prioritize their safety by wearing helmets voluntarily, even if not mandated by law. As mentioned, if you’re injured in a bicycle accident without wearing a helmet, it can impact your personal injury claim.
However, if you have been injured in a bike accident without a helmet, taking the following steps can help ensure a smoother process for any potential claims or legal actions:
- Get medical treatment as soon as possible following your accident.
- Call the police to report the accident so that you can have an official incident record. It is also useful for insurance purposes or any legal claims that may arise.
- Collect relevant details about the accident, including the date, time, location, photos or videos of the accident scene, your injuries, and any property damage.
- Refrain from making statements that could be interpreted as accepting blame for the accident.
- Partner with a personal injury attorney so they can assess your case and offer guidance on the best course of action.
Seeking legal representation early on ensures your rights are protected. An attorney will evaluate the circumstances surrounding your accident, including factors such as negligence of the other party, road conditions, and any potential liability on your part.
An attorney can also gather evidence, interview witnesses, and build a strong case to establish liability and seek appropriate compensation for your injuries. You’ll have a better chance of recovering fair economic and non-economic compensation for your medical expenses, pain and suffering, lost wages, and other damages resulting from the accident.
Talk to a California Bicycle Accident Injury Lawyer at Setareh Law
Helmet laws can impact bicycle accident claims. Helmet usage can also influence negligence and liability determinations, potentially affecting compensation and damages.
If you’ve been in a bicycle accident without a helmet, a personal injury lawyer at Setareh Law can advise you on an ideal legal option. We are here to offer expert legal guidance, protect your rights, and increase your chances of obtaining fair and just compensation for your injuries and losses. Call (310) 659-1826 or submit our contact form to make an appointment today. Our team also speaks Spanish.
