Yes. Bicyclists struck by careless drivers can seek compensation for their medical bills and other damages. If the cyclist didn’t have a helmet on, it wouldn’t affect who was at fault for the collision. The driver to blame would be liable for some or all of the victim’s physical and financial damages.
Do I Have to Wear a Bicycle Helmet in California?
California Vehicle Code states that only young riders must wear a helmet.
CVC 21212:
- A person under 18 years of age shall not operate a bicycle, a nonmotorized scooter, or a skateboard, nor wear in-line or roller skates, nor ride upon a bicycle, a nonmotorized scooter, or a skateboard as a passenger, upon a street, bikeway, as defined in Section 890.4 of the Streets and Highways Code, or any other public bicycle path or trail unless that person is wearing a properly fitted and fastened bicycle helmet that meets the standards of either the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC), or standards subsequently established by those entities…
Adult riders would not be cited for not wearing a helmet. The parents of younger riders on bikes without helmets could be cited after a collision, but that still wouldn’t mean that a driver escaped blame for causing an impact.
Young riders should always wear gear to protect their heads in case they fall off their bikes or are struck by a reckless driver. It’s the law, and it’s also the safest choice. Adults should also consider wearing a helmet when they ride. It’s an important safety precaution.
Could Not Wearing a Helmet Affect the Size of My Bicycle Accident Settlement Check?
The use of a helmet can’t change who was at fault for a collision, but it could affect the size of accident compensation. This is especially a risk when victims don’t have a lawyer to protect their claims.
The fault in an accident isn’t affected by whether victims are wearing helmets or not. If a careless driver’s mistake leads to a collision, the driver is financially liable. But in some cases, car insurance companies can try to reduce the support victims get, especially if victims weren’t wearing safety gear.
An insurance adjuster may look to convince a judge or jury that the victim’s injuries would have been less serious if a helmet had been on. A skilled attorney would fight back and point out that there aren’t laws requiring bicycle helmets in California. It’s also true that the lack of a helmet wouldn’t have been an issue if the driver had been more careful and had been paying attention to the road.
Comparative Negligence in Bicycle Accident
In some California cases, the fault for a bicycle accident gets divided between those involved.
In California, drivers and cyclists can also share blame in some collisions. A judge might assign a driver 75% of the blame for speeding or engaging in distracted driving. A rider may be assigned 25% of the blame for breaking a traffic law just before an impact. The rider could still be awarded substantial support, but it would be reduced by 25% of the liability.
However, a lawyer would fight hard to see that injured riders received as little of the blame as possible. And if possible, the rider should see zero percent of the blame. Instead, the victim should be fully compensated for all hardships while healing and being unable to ride.
What Types of Things Can I Receive Compensation for After a Bicycle Accident?
Bicycle accident victims should receive full support for the physical, emotional, and financial damages caused by a driver’s mistake. This should cover their current hardships and any complications expected in the future.
A skilled Bell Bicycle Accident Lawyer makes sure every damage is clearly listed on an insurance claim. This is an important step, because anything left off, such as the cost of cognitive therapy for a brain injury, could be an expense the insurer could leave for victims to pay.
Your lawyer would demand these benefits, and a few you may not have known were available:
- Totals for your medical bills now and those coming in the future.
- The estimated cost of a permanent disability over a lifetime.
- Support for the pain bicyclists must deal with.
- Support for the emotional trauma victims must cope with during a difficult recovery.
- Past and future lost paychecks and benefits while you are unable to work.
- Repairs to the bicycle or replacement.
- Wrongful death benefits for families who lose a loved one to a careless driver’s mistake that leads to a bike accident. This can include economic help for funeral costs and money to replace the steady income the deceased can no longer support the family with.
Helping Bike Accident Victims in Bell CA
If you or a loved one has suffered a serious injury in a bike collision caused by a careless driver, discuss your case with a skilled Bell Bicycle Accident Lawyer as soon as possible. Bicycle accident victims should never be left to face the costs of recovery alone, no matter whether they were wearing a helmet or not.
Contact Maison Law to make sure you are clear on the rights you have as a victim and the benefits that are available to you and your family. We offer a free, no-obligation case evaluation to all bicycle accident victims and their families.
And if you need to hire us to get fair treatment, you don’t need any money now. We don’t get paid unless we win your case for you. Then, Maison Law is paid out of the settlement check a car insurance company must write for you.
