Yes. Bicycle accident victims can file injury claims and earn support from careless drivers and car insurance companies. A rider may have been without a helmet, but that doesn’t excuse the driver from liability after causing a collision.
California doesn’t require bike helmets for riders 18 and older anyway. And for children struck without a helmet on, the driver still wouldn’t escape blame. Parents may pay a fine, but it would not affect their right to seek compensation for their child’s medical expenses.
Is a Driver Responsible for My Recovery Costs If I Didn’t Have a Bicycle Helmet on When I Was Hit?
Yes. Chico bicycle accident victims can file claims and demand money from car insurance companies to help with their medical bills and other hardships. Drivers are not allowed off the hook for their mistakes if they strike riders without helmets on.
California Vehicle Code CVC 21212 confirms that only bicycle riders who are under the age of 18 have to wear an approved bicycle helmet.
Young bicyclists caught riding without a helmet would usually earn their parents a $25 fine. However, that does not include court fees, which might raise the penalty up to a few hundred dollars. Some parents may receive a “fix-it” ticket, which allows them to avoid the fine if they can prove they’ve bought a suitable helmet and watched a safety video within a certain time period.
If a child is struck and then discovered not to be wearing a helmet, the parents could be cited and fined. However, the child’s health would be the first concern, and drivers should be held fully liable for the cost of the best medical care available.
Could my Settlement Check be Reduced If I’m Not Wearing a Bicycle Helmet When I’m Struck?
The driver’s fault in a bicycle accident isn’t affected, but, in some cases, the settlement money a victim receives can be reduced if the victim wasn’t wearing a helmet. An insurance company might try to prove that the victim’s injuries would have been less severe had they been wearing a helmet.
This is difficult to prove, especially in a state where adult bicyclists aren’t required to wear helmets. A skilled Chico Bicycle Accident Lawyer would be fighting back on any moves like this. A lawyer would work hard to reduce any percentage of blame the insurer tried to place on the rider. A lawyer would use hard evidence, medical documentation, and accident reconstruction in some cases, to clear the rider’s name and seek full support.
How Does Comparative Negligence Affect My California Bike Accident Case?
The percentage of blame can be split up under California’s “comparative negligence” laws. This means drivers and bike riders can share fault in an accident. A judge could assign a rider some fault for what happened. It might be a percentage due to a rider not wearing a helmet or for something like running a stop sign. The driver might also get a percentage for being reckless.
The injured cyclist could receive a judgment, but the award would be reduced by the cyclist’s percentage of liability.
It’s important to remember that victims can still receive a substantial check even if they are found partially to blame for a bicycle accident. Victims should always file to receive help.
It’s also true that a Maison Law attorney would be working to get the rider’s percentage of blame as low as possible. And that percentage should be zero in cases where a rider is hurt in an accident while not wearing a helmet.
Helping Bike Accident Victims in Butte County
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 Chico Bicycle Accident Lawyer as soon as possible. We help all local victims, including those hurt across Butte 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. And if you need to hire us to protect you and help you earn more, 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.
