Maison Law helps those injured in bicycle accidents in Salinas. If you or someone you know has been injured in a bike accident, our experienced legal team is here to help. We can guide you through the legal process and explore your options, even if you weren’t wearing a helmet. Contact us today for a free consultation.
Why Would You Need a Lawyer?
You aren’t required to have a lawyer to file an injury claim in Salinas, but the more complicated your case is or the more hurt you are, the more help you’ll probably need. This definitely applies in a situation when you’re in a bike accident but not wearing a helmet. It doesn’t change your options, but it does make things more difficult.
That’s where you would need our team’s guidance. With our experience we can:
- Explain your rights
- Gather evidence
- Protect your claim and negotiate with insurance companies
- Make things easier for you
Again, every accident situation is unique. Not wearing a bike helmet doesn’t necessarily take away your right to file an injury claim, but it is going to factor into how your case plays out. That’s where our team can step in and help you the most.
Who’s Liable For a Bike Accident in Salinas?
Not wearing a bike helmet doesn’t make you liable for an accident in Salinas. Instead, it falls on whoever was “negligent” and caused the accident. This simply means that:
- Someone failed in their responsibility to drive or act in a way that kept you and others safe, causing the bike accident and your injuries.
Normally, this is going to fall on people like:
- Drivers that hit you
- Pedestrians or other bicyclists that were involved
- Local government agencies responsible for road maintenance
- Car or bike parts makers
In real world terms, negligence can cover a wide variety of different causes of accidents, like:
- Failing to yield
- Driving under the influence
- Speeding
- Not looking before switching lanes
- Trying to pass you on your bike when it’s not safe
- Texting and driving
All of these things can and often do lead to bike accidents in Salinas, but you yourself can also at least share some liability if you were weaving in and out of the bike lane or riding without paying attention to your surroundings. This is known as “comparative negligence.” Where this comes into play–as does not wearing a helmet–is when it comes time to recover financial support in a claim.
Can You Still Recover Financial Support in a Claim If You’re Not Wearing a Bike Helmet?
When you’re hurt in a bike accident that’s caused by someone else’s negligence, you have the legal right to file an injury claim. This is true even if you don’t wear a helmet. But, the financial support (known as “damages”) that you can recover in a claim is going to be based on your injuries and how strong your case is.
As such, not wearing a helmet is going to be seen as playing a role in the severity of your injuries, making them worse than they would’ve been had you been wearing a helmet. An insurance company is certainly going to make this argument, and a judge or jury would probably say the same thing.
Still, this doesn’t exclude you from being able to file a claim. Usually, you do this through an insurance claim or lawsuit, but the overall goal is to recover things like:
- Medical expenses and ongoing care needs
- Lost income from missed work
- Repair costs for your bike or other damaged property
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Wrongful death expenses, if injuries are fatal
Again, your damages are going to be specific to your claim. This is going to largely include what your injuries are and how your life is changed from the accident. Remember, the stronger your case is, the more you can get in damages. But it’s important to do the right things after the accident–especially if you’re not wearing a helmet at the time.
How Can You Protect Your Bike Accident Claim If You’re Not Wearing a Helmet?
While taking steps to protect your claim is important in any accident claim, it’s even more important in a bike accident claim where you’re not wearing a helmet. This means you have to do what you can to get the information and evidence you need for your claim. So, when you’re in a bike accident–even if you’re not wearing a helmet–make sure to:
- Get medical care – The first thing you should do is take care of your health. Call 911 for an ambulance so they can address your injuries. If your injuries are more serious, they’ll likely take you to a hospital. Follow along with their advice.
- Call the police – When you’re on the phone with 911, also have the local Salinas police respond. This could be the SPD or county sheriff. They’ll respond to the scene and help you gather important information you’ll need for your claim.
- Document the accident scene – If you’re able and it’s safe, take pictures and videos of the accident scene. Make sure to note any damage to your bike or any factors that caused the accident. Get contact and insurance information from the driver or anyone else involved.
- Keep track of your losses – Once the scene is taken care of, make sure to keep track of your losses from the accident. This means keeping medical bills, receipts, repair estimates for your bike, and other things you miss out on because of your injuries.
- Don’t admit fault and be careful with statements – Most importantly, don’t admit fault for the accident. Don’t lie about not wearing a helmet, but stick to the facts of how the accident happened when you talk to an insurance rep or someone else.
Unfortunately, even if you do these things, you’re still going to be involved in a bike accident. While you should always wear a helmet, if you’re not, you can still file an injury claim. Thus, taking these steps will at least ensure that your claim is as strong as possible. From there, consider reaching out to our team for legal guidance and support.
Contact Maison Law’s Salinas Bicycle Accident Lawyers Today
Even if you weren’t wearing a helmet, a bicycle accident still gives you legal options. However, you still are likely dealing with serious injuries. At Maison Law, our experienced Salinas bicycle accident lawyers will be there to help you through the claims process and make sure you can focus on getting better. If you’ve been in a bike accident in Salinas, contact us today for a free consultation.
