Because Modesto experiences great weather as with the rest of California, it is optimal weather for bicycling. Modesto is actually home to various bicycle trails, including Dry Creek Trail and Tuolumne River Bike Trail. Unfortunately, there are instances when a bicyclist has to enter traffic, which can lead to a serious accident risk. These accidents can be made worse when a bicyclist is not wearing a helmet.
At Maison Law, we offer our representation to victims of Modesto bicycle accidents. We believe that drivers who cause accidents should be held fully liable for the harm that a victim has suffered. We will provide you with the resources you need to move forward with a successful bicycle accident claim in Modesto. Please contact us for more information and a completely free consultation.
Bicycle Helmet Laws in California
Under California law, an adult is not legally required to wear a helmet when they are operating a bicycle alongside or on a street. However, California law does state that those under 18 years of age are legally required to wear a helmet while they are riding a bike. On top of these laws, every bicyclist is entitled to the same rights as any other driver on California roads.
Though the law states that adults do not legally have to wear a bicycle helmet in California, helmets still increase the likelihood that a bicyclist will survive an accident with a motor vehicle driver. Bicycle riders are at a high risk of traumatic brain injuries, broken bones, organ damage, and many other severe injuries in a catastrophic collision. Helmets work to save lives every day.
Liability in Bicycle Accidents Without Helmets in California
It is true that a cyclist involved in a Modesto accident will not receive citations if they were not wearing a helmet at the time of the accident, as it is not against the law. However, there could be other consequences – especially when it involves the insurance company.
Because California is a comparative negligence state, this means that a cyclist who was not wearing a helmet could see their damages reduced when it comes time to bring a personal injury claim. The insurance company may claim that, if the cyclist had been wearing a helmet, their injuries may not have been as severe as without one.
An example of comparative fault in a personal injury claim is a cyclist without a helmet being assigned 40% of the fault and a driver being assigned 60% of the fault. This means that the cyclist may find that their total financial award is reduced by 40%.
Available Damages in a Modesto Bicycle Accident Claim
Even though the insurance company might try to do whatever they can to lessen the amount of damages you receive, you will still be eligible for an array of damages after a bicycle accident. These include some of the following:
- Past and future medical expenses
- Past and future loss of income and earnings due to missed work
- Permanent disfigurement and disability damages
- Pain and suffering
- Therapy costs
- Costs of psychological-related services
Arguments an Attorney May Use in a Bicycle Accident Claim
The insurance company is never to be trusted as it concerns liability and the amount of damages you may receive after an accident. Your attorney may use some of the following arguments to combat the insurance company’s allegations if they say that your lack of helmet contributed to your injuries:
- It is not against the law to go without a helmet while riding bicycle as an adult in California.
- You would have still suffered injuries had you been wearing a helmet due to the severity of the collision.
- You were only riding a short distance, so a helmet would not have been necessary.
A lawyer will do anything they can to prevent the insurance company from denying you damages or offering you less than you deserve. Dealing with a personal injury claim is not always easy, which is why you should have legal assistance on your side every step of the way during this process.
Contact a Modesto Bicycle Accident Lawyer Immediately
If you have been injured in a bicycle accident caused by the negligence of another party, you may wonder what options are available for you. At Maison Law, we will aggressively fight to protect your rights after a bicycle accident so that you receive the damages necessary to get back on your feet. Our Modesto bicycle accident lawyers will provide you with resources that you need during these difficult times. Please do not hesitate to contact us for a completely free consultation that comes with no obligation to you.
