The benefits of wearing a helmet-or the dangers associated with not doing so-are well known to bicycle riders in Fresno and all throughout the country. Study after study has been done to collect data on the safety benefits of helmets, especially for children. Data from National Safety Council and Consumer Product Safety Commission (CSPC) found that there are approximately 80,000 bicycle-related head injuries treated in emergency rooms every year, with a majority of these accidents being brain injuries.
Bicycle laws in Fresno and California were passed with children in mind, with only those bicycle riders under the age of 18 legally required to wear a helmet. Still, not wearing a helmet can have serious consequences should you find yourself involved in an accident.
Fresno Bicycle Accident Lawyers Can Help You
Despite the data available that touts the effectiveness of bicycle helmets, not every rider in Fresno chooses to wear one. When they decide to not wear a helmet, an accident can turn from minor to something much more serious.
However, not wearing a helmet doesn’t prevent you from a claim for damages in the event of an accident that is caused by someone else’s negligence.
With the help of our team of experienced Fresno bicycle accident lawyers at Maison Law, we can get you back on the road to recovery. To learn more, contact us for a free consultation.
Fresno Bicycle Accident Data
The California Highway Patrol (CHP) uses a system to collect data on the numerous traffic accidents that occur daily in Fresno and all throughout California. This data is collected and then made accessible to the public through the CHP’s Traffic Injury Mapping System (TIMS).
According to the data collected by TIMS in Fresno over the last five years, there were:
- 5 bicycle accidents causing injuries or death in 2017.
- 0 bicycle accidents causing injuries or death in 2018.
- 3 bicycle accidents causing injuries or death in 2019.
- 14 bicycle accidents causing injuries or death in 2020.
- 7 bicycle accidents causing injuries or death in 2021.
All told, Fresno has seen an average of 5.8 bicycle accidents per year over the last five years. While these numbers may seem small compared to the statewide numbers or data from larger cities like Fresno or San Francisco, the fact is that every bicycle accident that happens in Fresno has the potential for injury. Worse yet, this risk is greatly increased when you or any other bicycle rider decides not to wear a helmet.
California Law and Bicycle Helmets
California bicycle helmet law is focused on children and young adults, but also applies to people on roller skates, skateboards, and scooters. Specifically, Section 21212 of the California Vehicle Code outlines the following requirements for wearing a helmet while using a bicycle on Fresno’s roads:
- All passengers on a bicycle aged 5 and under
- Bicyclists aged 18 and under
- Anyone aged 18 years or younger must wear a helmet, regardless of religious belief.
- The youth helmet law applies to riding a bicycle on a street, bike lane, sidewalk or public bike path.
- The fine for not wearing a helmet is $25, which increases for any subsequent offense.
Furthermore, bike helmets must meet specific industry standards set by either the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC).
Proper helmet fitting guidelines
In order to get a properly fitted helmet, you can take the following steps:
- Size the helmet properly – In order to size your helmet properly, you’ll need to find the circumference of your head with a measuring tape. All you have to do then is to match measurements of your head with the measurements indicated on the bike helmet.
- Position the helmet properly – A properly fitted bike helmet should sit level on your head, with room for about two finger-widths above your eyebrows to the inside dome of the helmet.
- Adjust the side straps – The helmet should also fit snugly on your head, but not so tight that it causes discomfort. A good way to adjust the tightness of the fit of your helmet is to adjust the side straps and buckle the chinstrap so that it fits just below your chin.
- Test the helmet – Once your helmet is properly fitted, you should test it with movement to make sure it stays secure on your head. Moving your head from side to side and up and down to mimic the different directions your head can go while riding your bike is a good indicator of how well your helmet is fitted. Then, you can adjust accordingly.
Simply put, a properly fitted helmet is vital to protecting your head in the event of a bicycle accident. While it can’t totally protect you from injury, having an improperly fitted helmet–or no helmet at all–can actually cause more injuries should you find yourself in a bicycle accident.
Liability in Fresno No Helmet Bicycle Accidents
Generally speaking, when you’ve been involved in a bicycle accident in Fresno, and you’re not wearing a helmet, the same rules as other bicycle accidents still apply. This means that the person who causes the accident due to their negligence will be liable for any injuries and damages.
Such negligent actions include:
- Speeding
- Texting while driving, or otherwise distracted driving
- Driving under the influence
- Improper use of for not using turn signals
- Reckless driving
A bicycle accident involving a car can frequently lead to injuries for all involved, but especially if the person on the bicycle is not wearing a helmet. As long as you are over the age of 18, the law says that you don’t have to wear a bicycle helmet in Fresno, and even though you can still file a claim for damages against the at-fault driver, comparative negligence may come into play.
Comparative negligence is a statute in California that says any percentage of fault that an injured person shares in the accident reduces their potential recovery amount by that same percentage. This can be factored in if you’re not wearing a helmet during your accident, as it could be viewed that you didn’t take the necessary precautions to make your injury less serious.
Damages in Fresno No Helmet Bicycle Accidents
In a Fresno no helmet bicycle accident, recovering damages means going up against the at-fault party’s insurance company. Thus, the insurance company will be the sole judge of the amount of damage you can ultimately recover, and they’ll use their resources and strategies to try to devalue your claim as much as possible.
Still, though, you can recover the following general damages in a no helmet bicycle accident.
- Medical care and related costs
- Physical therapy costs
- Lost wages
- Pain and suffering
- Mental anguish
- Loss of companionship or enjoyment of life
- Wrongful death
As data has shown, head injuries are the most likely result of a bicycle accident where you’re not wearing a helmet. These injuries frequently result in not only physical damage, but emotional and psychological damage as well. Often, this means long term medical care, the cost of which can quickly become overwhelming. While it is not an ideal situation, working with our team of skilled and experienced Fresno bicycle accident lawyers can take some of the burden off of you and your loved ones.
Connect With Skilled Fresno No Helmet Bicycle Accident Lawyers
The effects of not wearing a helmet while riding your bicycle in Fresno cannot be overstated. It is often the only protection your head has in a bicycle accident, and not wearing one can only increase the risk of injury.
Still, when another driver or person is negligent and causes a bicycle accident, you can still file a claim for damages. Going up against an insurance company is something that we at Maison Law have plenty of experience with and knowledge about.
We are proud to offer free consultations to all of our potential clients in Fresno and throughout California and can help you if you find yourself in one of these accidents. Contact us today to learn more.
