Yes. If you weren’t wearing a helmet, you should still file an accident claim with the driver’s auto insurance provider and demand full compensation. California doesn’t require Adult riders to wear helmets, and the lack of a helmet doesn’t mean the driver escapes liability.
Don’t let an insurance company blame you for an injury caused by its negligent driver.
If you were hit and injured by a vehicle while on a bike, Contact Maison Law of Ceres today for a free, confidential consultation. We are cyclists ourselves, and during your consultation, we’ll provide you with your best legal options.
Can I Seek Compensation After a Bicycle Accident If I Wasn’t Wearing a Helmet?
California Vehicle Code CVC 21212 confirms that adult California cyclists don’t have to wear bike helmets. Only riders under the age of 18 must wear a helmet.
If you are struck by a motorist and you don’t have a helmet on, you can absolutely file an accident claim and seek help with injury recovery. What’s more, if victims under 18 are struck without helmets on, they can still file an injury claim. Helmet usage doesn’t allow a reckless driver to escape blame.
This support will be critical, allowing you to rebuild your health and pay those medical bills that may still be growing. For adult victims, compensation may be the difference between paying their rent and car payments while they can’t work due to a debilitating injury.
Not wearing a helmet doesn’t mean the driver gets to avoid responsibility for a reckless decision. In California, distracted or speeding motorists aren’t excused for their actions just because a victim wasn’t using a helmet.
In some cases, a car insurance adjuster may attempt to argue that your injuries wouldn’t have been as severe if you’d had a helmet on. This would be a tactic used to try to lessen the amount of support the insurer would be forced to provide to you. It’s just another unfair way to blame the victim.
Your Ceres Bicycle Accident Attorney gets aggressive and fights back. Your lawyer would collect strong evidence on your behalf showing the driver’s negligence and full liability for the pain you’ve been put through. Your attorney would seek the maximum in compensation available for your recovery and make sure you had the support to cover any medical care needed in the future.
What to Do Immediately After a Bicycle Accident in Ceres
It’s no mystery why speeding and distracted drivers cause accidents on busy routes like Hatch Road. They can miss spotting other vehicles, and even more easily miss the smaller profile of a rider in their lane.
Bicyclists have every right to take the lanes, the same as any driver, but when drivers aren’t paying attention, collisions can happen. The fault is usually obvious to witnesses and investigating officers, and yet auto insurers can still try to argue over blame.
It’s why victims need to grab all the evidence they can on the scene of their accidents, before it’s cleaned up and cleared away.
If victims are left strong enough, and the scene is secure, they should gather these details:
- Call 911. Ask for an ambulance if you are hurt at all. Make sure the Ceres Police or the CHP is on the way. Give a full account to officers so an accurate bicycle collision report can be created. Let paramedics check you out completely. Go to the emergency room if you need to. If you must leave the scene, ask someone with you or a helpful bystander to gather some details for you.
- Take pictures of the scene. Show the damage the vehicle did to your bike and any dents or scratches you and your bike caused to the car. Show damage to your clothing. Get pictures of any visible injuries. Take a picture of your helmet if you were wearing one.
- Find out what witnesses saw and find out how your Bicycle Accident Lawyer can contact them for testimony.
- Exchange driver’s license and insurance information with at-fault drivers. Don’t talk about who was at fault in the accident or how badly you were injured. Insurance companies can use these statements against you later.
- See your own doctor in the days to come. Note any pain you didn’t feel on the scene but then noticed the next day. Get every injury documented. See specialists if you are advised to and attend physical therapy sessions if the doctor recommends them.
- Keep your damaged bike and torn or bloody clothing. Don’t throw evidence out
- Alert your car insurance company. If you have a policy, it may cover you while you are riding in case the at-fault driver has no insurance or doesn’t have enough coverage to pay for all of your hospital bills.
Frequently Asked Questions
How long do I have to file a bicycle accident injury claim?
Two years. You’ll have to file your injury claim before two years have passed since the accident date or risk having your case rejected. You should take action sooner rather than later, before important evidence disappears.
What if I can’t afford to pay a bicycle accident lawyer?
If you feel we can help you earn more for your injury, you won’t need any upfront money to hire us. We don’t get paid unless we win your case for you. Then our fee comes out of the settlement check that an insurance company provides.
Do I need a lawyer after a Ceres bicycle collision?
With any injury beyond minor scrapes and bruises, you’ll probably need a lawyer to secure full compensation for recovery bills. The higher medical bills go, the harder car insurance companies will make it for you to get compensation. When an insurance company tries to blame you for an accident, including blaming your lack of a helmet, you should speak to Maison Law in a free consultation about protecting your claim.
Contact a Ceres Bike Accident Lawyer
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 Ceres Bicycle Accident Lawyer as soon as possible. We help all local victims, including those hurt across Stanislaus County. 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. We want to make sure victims get the support they need to recover and return to the road again.
