Bicycling is an enjoyable and eco-friendly way to get around, but it can also be risky, especially in the bustling roadways of San Francisco. Bicyclists involved in accidents should know about helmet laws and their potential impact on legal proceedings. Can failing to wear a helmet affect your ability to recover compensation? How do California’s helmet laws interact with other liability issues? The answers to these questions can affect the outcome of a personal injury claim.
At the Law Office of Scott Righthand, P.C., we’re committed to helping injured bicyclists fight for the compensation they deserve. Below, we break down the relationship between helmet laws and bicycle accident claims.
The role of helmet laws in compensation claims depends on the circumstances of the accident, as well as the extent to which wearing (or not wearing) a helmet impacted the injuries sustained. Bicycle helmet laws are intended to protect riders from serious head injuries. However, when an accident happens, the at-fault party’s insurance company may use helmet-related arguments to attempt to reduce the compensation owed to a victim.
For example, if a bicyclist wasn’t wearing a helmet during an accident and suffered a head injury, the opposing party might argue that the injury could have been avoided or minimized with helmet use. This is intended to shift part of the blame to the injured person. However, it’s important to note that California law works under comparative negligence, meaning fault can be divided among all parties involved. Not wearing a helmet doesn’t necessarily disqualify you from seeking compensation, but it may reduce the amount recovered if it’s proven to have contributed to your injuries.
California law requires all bicycle riders under 18 to wear an approved helmet while riding on public roads, bike paths, or trails. For adults, wearing a helmet is not mandatory under state law. That said, many cities and municipalities may have their own rules regarding helmet use, so it’s always wise to check local regulations.
If you’re an adult bicyclist injured in an accident, not wearing a helmet won’t be considered illegal. However, insurance companies may attempt to argue that it showed a lack of caution and contributed to any potential head injuries. For minors injured without a helmet, the issue can become more complex. That’s why having an experienced attorney by your side is critical.
Proving liability in a bicycle accident case can be challenging, especially if helmet use (or lack thereof) becomes a contentious factor. At the Law Office of Scott Righthand, P.C., we understand the nuances of these cases and fight to ensure you aren’t unfairly blamed. Your attorney will:
Every bicyclist injured by someone else’s carelessness deserves fair compensation, whether or not they were wearing a helmet. We’re here to make sure insurance companies don’t take advantage of you during a vulnerable time.
If you or a loved one was injured in a bicycle accident, don’t wait to seek legal help. The Law Office of Scott Righthand, P.C. is here to fight for you. With decades of experience securing compensation for injury victims, we know how to handle even the most complex cases. Contact us today for a free, no-obligation case evaluation. We’re ready to help you move forward.