Maison Law represents bicycle accident victims in California. If you or a loved one were injured in a bicycle accident without wearing a helmet, you are still entitled to compensation. Even if you were partially at fault for your injuries, California Law protects injured victims from being left without the opportunity for financial recovery.
At Maison Law, our experienced Bicycle Accident Lawyers are experts in reducing liability and reaching successful settlements. Contact Maison Law today to see what legal options are available to you.
Bicycle Helmet Requirements in California
In California, individuals caught not wearing a helmet when they are legally required will likely receive a fine between $25 and $200. Adults are not required to wear helmets while riding regular, non-motorized bicycles. Children under 18 are required to wear bicycle helmets while riding bicycles. Children under 5 years of age must wear helmets if they are riding in a bicycle attachment with an adult. In California, all motor-driven bicycles or motorcycle drivers must wear a helmet, including passengers.
According to California Legislation, the youth helmet law applies to riding a bicycle on the street, bikeway, sidewalk, or public bike path. So, it is technically legal for someone under 18 years of age to ride a bike without a helmet on private property. If a minor does receive a helmet violation, a parent or guardian will be responsible for paying the ticket. However, California has a program to reverse helmet citations. After receiving a helmet citation, California citizens have the option to attend a bicycle safety class and show proof of a purchased helmet to have the citation removed. California offers those who have received a bicycle helmet citation 120 days to complete these tasks and avoid being fined.
Comparative Negligence in California Bicycle Accidents
In certain cases, a bicycle accident could be the fault of a driver and bicyclists simultaneously. For example, if a bicyclist suffered a head injury when a vehicle bumped them after merging into the bike lane too fast. The bicyclist could be partially negligent for not wearing a helmet while riding near traffic. While helmets are not required for bicyclists over 18 years of age, riding near vehicles in the bike lane without a helmet could be viewed by a judge or jury as careless.
The term for when two or more parties could be liable for an accident is called comparative negligence. Comparative negligence not only determines fault amongst multiple parties, but it allows an injured party who shares fault for their injuries to still receive compensation. A legal action covered by the Comparative Negligence Law, which states:
“Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”
So, if a person is found partially at fault for their bicycle accident for not wearing a helmet it doesn’t mean they can’t be compensated for their injuries. For example, if a bicyclist sustained $10,000 worth of damages and they were found 50% at fault at trial, then they could recover $5,000 because their reward was reduced by their 50% of fault.
Can a Lawyer Help Me in a Bicycle Accident if I Wasn’t Wearing a Helmet?
Cases where bicyclists are under 18 and suffer an injury without wearing their helmets typically result in the skateboarder losing some, if not all compensation by violating California helmet law.
If the bicyclist is over 18 and sustains injuries without wearing a helmet, then they’ll have a better chance at collecting damages than someone under 18. However, the amount is likely to still be reduced for not wearing a helmet. For these reasons, it is recommended to contact a California Bicycle Accident Lawyer at Maison Law to reduce your liability and maximize the amount of compensation you can receive. The type of compensation you can receive will be based on the following damages:
- Special Damages: medical bills, ongoing treatment, costs that accumulate when you’re unable to work, like rent or mortgage payments
- General Damages: these are non-economic hardships like pain and suffering, anxiety, depression, mental trauma
- Wrongful Death Damages: these damages may be sought by a spouse or close relative for funeral arrangements, burial expenses, and medical treatment before a loved one’s death
- Punitive Damages: these damages are rare, but if the driver engaged in reckless driving with the intention of hurting you, then you could sue for punitive damages
How are Injuries Calculated in a California Bicycle Accident Settlement?
There are several factors used to calculate a bicycle accident settlement. Medical expenses, legal expenses, lost wages, and pain and suffering will have a significant impact on the value of your settlement. However, those factors will all be decided by the severity of your injuries. When assessing the severity of injuries sustained, they are typically placed into one of the following three tiers:
- Tier 1: This tier is for the most severe injuries. Severe injuries tend to have the largest payout. These injuries include:
- Traumatic brain injuries
- Spinal cord injuries
- Permanent disfigurement
- Wrongful death
- Tier 2: This tier is for moderate to severe injuries. These injuries typically require surgical intervention and deal with broken bones, fractures, and lacerations.
- Tier 3: This tier is for mild to moderate injuries. This generally includes injuries that do not require surgery such as strains, sprains, and contusions.
Contact a California Bicycle Accident Lawyer
If you or a loved one have suffered injuries in a bicycle accident, the Bicycle Accident Attorneys at Maison Law can help. Our firm has years of experience in bicycle accident law and will aggressively pursue fair compensation on your behalf.
If you incurred damages as a result of another person’s careless act, then we will hold them responsible to the full extent of the law. Contact Maison Law today for a no-risk, no-cost case evaluation.
