Maison Law represents those injured in Tulare bicycle accidents. Even though bicycle helmets are proven effective, not all riders wear them. Not wearing one–despite it being required by law if you’re below the age of 18–can turn even minor accidents into serious ones. Our skilled Tulare bicycle accident lawyers can assist you in getting back on track. Contact us for a free consultation to learn more.
Do You Need Our Lawyers?
The answer here depends on your needs. It’s safe to say nobody wants to get into a bicycle accident, even if they don’t wear a helmet. Moreover, bicycle accidents can range in terms of how serious they are, meaning that an accident with minor injuries probably doesn’t require legal intervention.
That said, in cases where you’re not wearing a helmet, it not only raises questions about your level of negligence, but also raises the probable severity of your injuries. This is where our team can be a huge help to you. Here’s how:
- Help and support – We’ll guide you through the legal process, explain your rights, and tell you what you need to do to get fair financial support.
- Building a strong claim – We’ll assist you in gathering evidence, determining who’s at fault, and organizing everything for a strong case for your damages.
- Negotiation and communication – We’ll handle communication with the insurance company, keeping them updated on your situation and fighting for a fair settlement.
- Making things easier – Dealing with injuries is hard enough without worrying about legal matters. We’ll handle that side of things so you can focus on getting better.
Whether you’re considering a lawsuit or just filing an insurance claim, our team will guide you through the process. And remember, not wearing a helmet could affect your claim, so it’s important to know how to approach things.
Liability For Bicycle Accidents
The circumstances that are involved in your bicycle accident are always going to be important, but even more so if you’re not wearing a helmet at the time. Regardless of whether or not you’re wearing a helmet, you have the legal right to file an injury claim if it was caused by someone else’s negligence. Most of the time, this means the actions of another driver, usually by:
- Speeding
- Texting and driving or otherwise being distracted
- Unsafe lane changes
- Driving while impaired
Negligence is key when determining “liability” for your damages. This refers to the legal responsibility that people have to cover your injuries and other losses. And when you’re not wearing a helmet, your injuries are probably going to be at least heightened. So, it’s important to know how this is going to play into your claim and what you can do to make sure it’s strong.
Not Wearing a Helmet and an Injury Claim
Unfortunately, not wearing a bicycle helmet is going to factor into your eventual injury claim. Most likely, an insurance company is going to use it against you. You can still make an injury claim for damages if the accident was caused by someone else, but you not wearing a helmet is likely going to be used as evidence of “comparative negligence.”
This is a legal standard that says:
- Any percentage of fault you share in the accident will reduce your damages by the same percentage.
So, not only will this increase the severity of your injuries as it relates to head trauma, it’s going to make what you do right after the accident all the more important. After a bicycle accident, make sure to:
- Get to safety and call 911
- Get medical attention at the scene from EMS workers, then further medical care at the hospital
- If you’re able, document the scene with pictures and videos
- Swap contact and insurance information
- Don’t repair anything
Considering these factors, the path forward may become clearer. Nevertheless, our team is available to provide guidance throughout the decision-making process and assist you in securing the result you need to recover from your injuries.
Damages in a Bicycle Injury Claim
If you ride your bicycle in Stockton without wearing a helmet and get into an accident, any injuries you sustain are likely to be more severe. However, this doesn’t automatically mean you’re at fault for the accident. Whether you’re wearing a helmet or not, if you’re injured in a bicycle accident, you can still seek damages for your losses through an injury claim.
Legally speaking, the path to damages is the same as any other bicycle accident. This means you’ll be filing either an insurance claim or a lawsuit. Procedure-wise, both are fairly similar, with the main difference being that an insurance claim happens outside of court and a lawsuit happens inside the court system. “Damages” is a legal term referring to the losses you suffer because of the accident. In a typical bicycle accident claim, these may include:
- Medical expenses and costs – Covers all medical bills and treatment expenses from the accident.
- Ongoing care – Includes costs for ongoing therapy needed for recovery.
- Lost income – Financial support for income lost while unable to work.
- Pain and suffering – Addresses the physical and mental pain caused by the accident.
- Emotional distress – Covers psychological issues like anxiety or PTSD resulting from the accident.
- Loss of companionship or quality of life – Financial considerations for the inability to enjoy life as before the accident.
- Wrongful death expenses – Covers costs for funeral arrangements in cases of fatalities. Can also be extended to cover loss of companionship, income, or benefits.
Injuries
The extent of your damages is going to correlate with the extent of your injuries. Even without wearing a helmet, bicycle accident injuries can vary. While head injuries are the most common, you could also be facing:
- Serious brain injuries that can result in lasting complications.
- Concussions and other traumatic brain injuries (TBIs) caused by a forceful blow to the head.
- Facial bone fractures, which may require medical intervention and can alter one’s appearance.
- Severe jaw fractures requiring surgical intervention and prolonged healing periods.
- Dental and gum damage, potentially leading to tooth loss or more extensive dental procedures.
- Ear injuries, including hearing loss or damage to the eardrums.
- Eye injuries ranging from minor abrasions to severe damage affecting vision.
- Injuries leaving permanent marks or altering facial appearance.
Realistically, it’s hard to say how extensive your injuries will be because you weren’t wearing a helmet. What’s important, though, is that you do everything you can to follow proper procedure. Most importantly, file your claim within California’s statute of limitations, which is two years from the date of the accident.
Experienced Guidance After a Tulare Bicycle Accident
If you’ve been in a bicycle accident without wearing a helmet, it can lead to serious problems. Helmets are crucial for protecting your head during accidents, and not having one raises the chances of getting hurt. But if someone else’s carelessness causes the accident, you can still ask for damages.
Maison Law and our Tulare bicycle accident lawyers know how to handle insurance companies and can help you out. Contact us today to schedule a free consultation and get the guidance and support you need.
