Maison Law represents bicycle accident victims throughout Stockton. Our team of experienced and dedicated lawyers can help you through the legal process, and what your options are if you happened to not be wearing a helmet at the time of the accident. If this has happened to you or someone you care about, contact us today for a free, no-obligation consultation.
Damages Available in a Bicycle Accident If You’re Not Wearing a Helmet
When you don’t wear a helmet while riding your bicycle in Stockton, any potential injuries are going to be intensified if you’re in an accident. But that doesn’t mean that you will be at-fault for the accident. In fact, being injured in any type of bicycle accident–regardless of whether you’re wearing a helmet or not–means you can file a claim for damages.
Damages is simply the legal term for your losses from the accident. In a typical bicycle accident claim, these cover things like:
- Medical expenses, costs for ongoing care, emergency services, and medical devices
- Lost income, wages, or financial considerations if you’re permanently disabled and unable to work
- Pain and suffering, as well as costs relating to the emotional distress of the accident
- Costs relating to your loss of quality of life or relationships
- Wrongful death expenses, such as for a funeral or burial
- Punitive damages, in certain cases where the at-fault party was overly negligent
Should You Speak to Our Lawyers?
Obviously, not wearing a bike helmet is going to mean that your case for these damages will be a bit more complicated. While there’s no legal requirement that says you need a lawyer to represent you in a claim for damages, having our team on your side can make a huge difference in the outcome of your claim. Here’s a few ways we help clients like you:
- Guidance and support – One of the biggest ways we can help is simply guiding and supporting your decision-making in terms of the legal process. We’ll explain your rights, how the process works, and what you need to do to get these damages.
- Putting together a strong case – We’ll help you collect important evidence, figure out who is responsible, then ultimately put it all together in an effective case.
- Negotiation and communication – With our experience, we manage the day-to-day responsibilities of your claim, which mostly consists of keeping the insurance company updated on your records and the toll the accident has taken on you. Throughout, we’ll strongly advocate for your interests to make sure they give you a fair settlement.
- Easing your burden – Being injured is incredibly tough, but even more so when you also have to worry about the legal side of things. We take care of this for you, easing the burden on you and allowing you to focus on getting healthy and back to normal.
Whatever option you decide to go with, whether it be a lawsuit or just an insurance claim, our team will be there to help you navigate the legal process. With that said, it’s important to understand how not wearing a helmet will factor into your claim.
How Does Not Wearing a Bicycle Helmet Factor Into Your Claim?
You may find it surprising that there’s no law in California that requires you to wear a bike helmet. Rather, helmets are only mandatory for riders that are under the age of 18. Still, the benefits of wearing a helmet can’t be overstated. It’s often the only source of protection your head has in an accident.
Not wearing a helmet is going to come into play in a variety of other ways with your claim:
- Your level of fault – Not wearing a bicycle helmet is going to be viewed by some, especially an insurance adjuster, as you not taking the necessary steps to ensure your safety. Thus, they can try to argue that your injuries wouldn’t have been as bad if you were wearing a helmet, and thus they shouldn’t have to pay you as much.
- Injuries – Obviously, not wearing a helmet and being in a bike accident is going to make your injuries worse, especially those involving your head and neck. These can range from broken bones to more serious, long-term traumatic brain injuries (TBIs). The more severe your injuries are, the more financial support you’ll need to take care of them.
- Insurance or lawsuit – Because not wearing a helmet complicates your potential options, you may not be as apt to file a lawsuit versus just trying to file an insurance claim. While you can potentially gain more in terms of damages out of a lawsuit, it’s also more involved in terms of what you need to do. You may even have to sit for a deposition where you’ll be asked, under oath, why you didn’t wear a helmet and whether you usually wear one.
With these factors, it makes the decision on what you’ll want to do more clear. Outside of that, our team can guide you in the decision-making process and what your best bet at securing damages is.
Bicycle Accidents and No Helmets in California
Even though you’re moving at lower speeds, riding a bicycle still comes with a great deal of risk of injury. This is only increased if you don’t wear a helmet. Not surprisingly, there are numerous factors and causes of bike accidents:
- Going too fast
- Using a phone or getting distracted while driving
- Driving after drinking alcohol or using drugs
- Not using turn signals
- Driving in a careless and dangerous manner
Because this risk is so prevalent, you should always wear a helmet. More to the point, you should make sure the helmet is up to code and fits properly. Here’s what you should look for in a proper bicycle helmet:
- Proper fit – Make sure the helmet fits snugly but not too tight, sits level, and covers your forehead.
- Safety standards – Choose a helmet that meets safety standards, like those from Consumer Product Safety Commission (CPSC) or Snell.
- Absorbing impact – Pick a helmet with good impact absorption, often with foam liners.
- Ventilation – Select a helmet with enough ventilation to keep your head cool while riding.
- Adjustability – Opt for a helmet with adjustable straps and sizing for a comfortable and safe fit.
- Visibility – Consider getting a helmet with reflective elements or bright colors for better visibility, especially in low light.
Again, injuries resulting from bicycle accidents can cause not only physical harm but also emotional and psychological distress for you and your family. Often, this leads to prolonged medical care, and the associated costs can quickly become overwhelming.
Speak With Our Stockton Bicycle Accident Lawyers
Not wearing a helmet while cycling in Stockton greatly raises the risk of injury in a bicycle accident, as the helmet is crucial for head protection. That said, it doesn’t disqualify you from filing a claim for damages if the accident is someone else’s fault.
Maison Law, with extensive experience in handling these cases, provides free consultations to potential clients in Stockton and throughout California. Contact us today to set up yours.
