Yes. Riders struck by reckless drivers can demand support for their medical bills and other damages. A Redding cyclist may not be wearing a helmet, but that doesn’t change who was at fault for a collision. California doesn’t require that adult riders wear helmets, and a rider in an accident wouldn’t be cited for not having one on.
Does the lack of a bicycle helmet reduce what I receive in an accident settlement?
Car insurance companies can try to reduce the support bicycle accident victims receive if a helmet wasn’t in use. Insurance adjusters may imply that the rider’s injuries would have been less severe if a helmet had been on.
They may try to negotiate a lower settlement. However, victims with a Redding bicycle accident lawyer handling their cases would be able to fight back against these unfair arguments.
A skilled attorney would make it clear that the driver’s mistake was what caused the injury. Had the driver been paying attention, no accident would have occurred. California also only required riders under 18 years old to wear bicycle helmets. Cyclists can ride without helmets if they choose, and should have the right to safe paths, bike lanes, and traffic lanes.
As a side note, it is a life-saving precaution to wear a safety helmet, and all riders should consider putting one on. Cyclists may be experienced and cautious, but they can’t always steer clear of a bad driver. A helmet can protect a rider’s head in a collision with a vehicle or the road surface. It’s a worthwhile precaution that can prevent traumatic injuries and fatalities.
How Does Comparative Negligence Work in a Redding Bike Accident?
Fortunately, injured bicyclists can still earn a portion of support, even if a judge assigns them partial blame for an injury. In California, drivers and cyclists can share fault in an accident and for injuries under “comparative negligence.” As long as the rider isn’t found 100% at fault for an accident or injury, compensation is possible.
A judge or jury could assign the rider 20% of the blame in an accident for violating a traffic law or for making a serious head injury more likely by not wearing a helmet. The careless driver may receive 80% of the blame for acting recklessly or being distracted and causing a collision. In this example, the injured cyclist could still be awarded a judgment, but the total would be reduced by the rider’s 20% of fault.
This would still provide substantial assistance for the injured patient to help pay for medical bills and replace lost income while out of work.
What’s more, a Maison Law would be fighting to get the percentage of fault for the rider as low as possible. In fact, if the rider didn’t deserve any of the blame, our lawyers would be presenting strong evidence to prove the rider’s innocence and right to full compensation.
Frequently Asked Questions
How much is my bicycle accident injury worth?
It’s hard to provide an estimate on what you may earn in an injury claim until we’ve heard about what happened to you and have been able to investigate. Every bicycle accident is different. Every injury is different. Every victim heals at a different pace. Car insurance policies have different maximum limits on what they will provide. The amount you receive in a settlement check will depend on a few major factors. The totals on your medical bills and your lost paychecks are two big determiners. Your physical pain and the emotional trauma you must cope with can also increase the settlement.
What happens if my child is struck without a bicycle helmet on?
Children would still be able to receive help with their medical bills and other damages after a frightening accident. A skilled Redding Child Injury Lawyer would make sure children were given everything they need to pay for the best care and to have enough to cover any future injury complications. Parents or guardians may be cited for allowing a child to ride without a helmet. However, parents would usually be given a certain amount of time to purchase an approved helmet and complete a safety course to avoid a fine.
What if I can’t afford to pay a bicycle accident lawyer?
If you feel Maison Law 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.
Helping Bicycle Accident Victims in Shasta 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 Redding Bicycle Accident Lawyer as soon as possible. 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 get fair treatment, 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.
