Law Office of Michael D. Waks

A Lawyer You Can Trust

No Fee Unless You Win

Call888.394.1174

Available 24/7

  • Home
  • Attorney Profile
  • Reviews
  • Practice Areas
    • Personal Injury Lawyer Long Beach
    • Personal Injury Lawyer Cardiff
    • Motor Vehicle
      • Auto & Car Accidents
      • Bus Accidents
      • Distracted Driving
      • DUI Victim
      • Motorcycle Accidents
      • Truck Accidents
      • Wrongful Death
    • Premises Liability
      • Construction Accidents
      • Premises Liability
      • Electrical Accidents
      • Private Property Accidents
      • Slip and Fall Accident
      • Swimming Pool Accidents
    • Other Practice Areas
      • Brain Injury
      • Burn Injury
      • Bicycle Accidents
      • Boating Accidents
      • Dog Bite Accidents
      • Legal Malpractice
      • Pedestrian Accidents
      • Product Liability
      • Sexual Assault
      • Spinal Injury
  • Case Results
  • Videos
  • Resources
    • California Law Enforcement Information
    • California Personal Injury Laws and Statutory Rules
    • Other Resources
    • Personal Injury Law FAQs
    • Personal Injury Resources
    • Physical & Emotional Recovery Support
    • Southern California Courts
  • Blog
  • Contact Us

Can I File a Bicycle Accident Claim If I Wasn’t Wearing a Helmet?

January 21, 2019 by Michael Waks

Can I File a Bicycle Accident Claim If I Wasn’t Wearing a Helmet

If you were injured in a bicycle accident, whether or not you were wearing a helmet at the time could become a point of discussion during settlement negotiations or litigation. The insurance company might argue that your failure to wear a helmet was negligent and you should therefore be held partially or entirely liable for your own damages. Fortunately, there are many potential ways for a seasoned bicycle accident lawyer to overcome such a dispute.

Arguments Your Attorney May Use to Combat Allegations of Comparative Fault

If you believe the insurance company might argue that you are partially liable for your own damages, you should consult a personal injury lawyer right away. Your attorney can perform an immediate investigation to gather all available evidence of liability and, if necessary, can bring in experts to provide testimony regarding the cause of your injuries and their severity.

Below are just a few arguments your attorney might use to combat allegations of comparative fault due to failure to wear a bicycle helmet:

1. California Law Does Not Require All Riders to Wear Helmets

California is a comparative negligence state. That means if an accident victim’s own negligence contributed to their injury, they may be held liable for the portion of damages that corresponds to their own percentage of fault. For instance, if a judge or jury determines that you were 25 percent at-fault for the crash and you incurred $80,000 in damages, your recovery would be reduced to $60,000.

A common example of California’s comparative negligence law in action is when a motorcycle rider doesn’t wear a helmet and gets hit by a negligent driver, resulting in a head injury. Motorcycle riders are required by law to wear helmets, so if they fail to do so and suffer a brain injury, their damages award will very likely be reduced. Likewise, passenger-vehicle occupants are usually required to wear seat belts, and they can be held partially liable for their own damages if they fail to do so and this contributes to their injuries.

However, California law does not require bicycle riders over the age of 18 to wear helmets. In fact, the California legislature has struck down a proposed bill that would have required all cyclists to wear helmets. If you were over the age of 18 when your accident occurred, your attorney can argue that you did not have a duty to wear a helmet since it is not required by law to do so.

2. A Person of Reasonable Prudence Would Not Have Worn a Helmet Under the Same Circumstances

To prove that you were negligent, the insurance company must demonstrate that a person of ordinary prudence would have acted differently under the same circumstances, and this would have resulted in a different outcome. But there are many circumstances under which a reasonable person might not wear a bicycle helmet. For example, if you were riding just a few blocks to the grocery store, you shouldn’t be expected to wear a helmet.

3. You Would Have Suffered the Same Injuries Had You Been Wearing a Helmet

Although a top-rated bicycle helmet might reduce your risk of a head injury, it does nothing to protect the other parts of your body. If, for example, you broke your leg, suffered soft tissue damage, or injured your spine in a crash with a negligent driver, you shouldn’t be held liable for the resulting damages just because you weren’t wearing a helmet.

In fact, the efficacy of helmets in preventing head injuries is unclear. It’s not uncommon for bicycle accident victims to suffer brain injuries even though they were wearing a helmet. If the insurance company hasn’t brought in a well-credentialed expert to evaluate what would have happened had you been wearing a helmet, your attorney may argue that their arguments should be excluded.

Can Bicycle Riders Be Held Partially Liable for Their Damages Even If They Were Wearing a Helmet?

Yes, in some circumstances. Just like passenger-vehicle drivers, bicyclists have a duty to exercise reasonable care in order to reduce the risk of accidents and injuries. That means if cyclists fail to obey traffic laws or otherwise behave negligently, they may be held partially or entirely liable for any accidents that occur as a result.

For example, you may be held liable for damages if a crash occurred because you were riding a bicycle:

  • While under the influence of drugs or alcohol;
  • At night without the required lamp and reflectors;
  • A substantial distance from the right-hand curb or edge of the roadway even though you were traveling slower than traffic; or
  • Outside of a designated bicycle lane even though one was available.

There are, however, certain circumstances under which riders are permitted to engage in the behaviors listed above. For example, you can ride away from the right-hand curb or edge of the roadway when you are overtaking a vehicle or bicycle, approaching a right-hand turn, or about to make a left-hand turn at an intersection.

The bottom line: If the insurance company is arguing that your own negligence contributed to the accident, you should consult an attorney as soon as possible. A seasoned personal injury lawyer who is well-versed in California’s bicycle accident laws can take over correspondence with the insurer and make sure you are treated fairly.

It’s a good idea to contact a lawyer and NEVER speak with the defendant’s claims adjuster yourself. The claims adjuster might take any statements you provide out of context in order to dispute liability or the severity of your injuries. Your attorney can handle all phone calls, emails, and other dialogue with the adjuster so you don’t make any compromising statements.

Your lawyer can also gather evidence to support your claim—including evidence you might have overlooked. For example, if there were any nearby surveillance cameras that might have recorded the crash, your attorney can try to obtain the footage. If the at-fault driver was distracted by a cell phone, which is common in bicycle accident cases, your attorney can try to access his or her cell phone records. If necessary, your lawyer can file subpoenas to obtain evidence that is being withheld.

How Much Does It Cost to Hire a Bicycle Accident Attorney?

The best bicycle accident lawyers offer free consultations and work on contingency fee contracts. That means you won’t have to pay anything unless your attorney wins your case through a settlement or trial verdict. It also means your lawyer will have incentive to devote the necessary time, effort, and resources to help you recover the highest possible compensation.

Discuss Your Case with a Bicycle Accident Attorney in Long Beach

Your Injuries Are Personal to Me

At the Law Office of Michael D. Waks, we know how difficult it can be to deal with the physical, emotional, and financial impacts of a bicycle crash. Attorney Michael Waks is passionate about helping accident victims stand up to large insurance companies and pursue the compensation they need to move on with life.

Michael can evaluate your case during a free, no-obligation consultation. We are available 24/7 to take your call. Dial (562) 206-1939 or use our Contact Page to set up a case review.

  • Author
  • Recent Posts
Michael Waks
Michael Waks
Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.
Michael Waks
Latest posts by Michael Waks (see all)
  • How to Help Your Loved One Cope with a Spinal Cord Injury - October 27, 2021
  • How Can I Prove a Motorist Fell Asleep in Traffic? - October 20, 2021
  • Filing a Truck Accident Claim? Avoid These Common Mistakes - October 13, 2021
Share here...
Avatar for Michael Waks

About Michael Waks

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.

Law Office of Michael D. Waks

Get a Free Consultation

  • Submission of this form does not create an attorney-client relationship.
  • This field is for validation purposes and should be left unchanged.

Testimonials

Michael represented me in a personal injury case and I can’t recommend him enough. From the very first consultation he made sure that I was always aware of my options and up to speed with every aspect of my case. He answered all my questions and used his experience and expertise to help guide my decisions instead of trying to make them all for me. He not only ensured that the settlement I received was more than enough to cover all my bills and expenses but he also made sure I had piece of mind and would be taken care of going forward.

– Eric G.‎
Read More Testimonials

Categories

  • Bicycle Accidents
  • Boating Accidents
  • Brain Injuries
  • Burn Accidents
  • Bus Accidents
  • Car Accidents
  • Construction Site Accidents
  • Disability
  • Distracted Driving Accident
  • Dog Bites
  • DUI Victim
  • Electrical Accidents
  • Government Entity Claims
  • Legal Malpractice
  • Motorcycle Accidents
  • Pedestrian Accidents
  • Personal Injury
  • Premises Liability
  • Private Property Accidents
  • Product Liability
  • Sexual Assault
  • Slip and Fall
  • Spinal Cord Injuries
  • Train Accidents
  • Truck Accidents
  • Uncategorized
  • Uninsured Motorists
  • Wrongful Death
– BACK TO TOP –

Visit Us

Long Beach Office
1 World Trade Center, Suite 800
Long Beach, California 90831
P: 562-206-1939
F: 562-676-4388
Get Directions

Cardiff Office
160 Chesterfield Dr., Suite 200
Cardiff, CA 92007
760-767-8031
Get Directions

Call Us

888-394-1174
SCHEDULE A FREE CONSULTATION
Personal injury lawyer Long Beach
Car accident lawyer Long Beach
Google Review
  • review_star
  • review_star
  • review_star
  • review_star
  • review_star

Michael Waks is The attorney you want to resolve your accident issues, period. He is knowledgeable, efficient, and gets maximum results when you are injured.

— Joe M
  • facebook-app-symbol
  • twitter
  • linkedin
  • pinterest
  • youtube
  • Disclaimer
  • Privacy Policy
  • Scholarship
  • Sitemap

This website is for informational purposes only and should not be construed as providing formal legal advice.

Copyright © 2022 by Law Office of Michael D. Waks

Website & SEO By Sutton Digital Marketing