Yes. If you were hurt in a bicycle accident but you weren’t wearing a helmet, you may still be able to obtain compensation for your damages; however, the opposing party might contend that your choice not to wear a helmet was negligent and contributed to your injuries and, therefore, you shouldn’t be compensated for 100 percent of your medical bills and other losses.
There are several arguments your attorney might use to overcome a liability dispute related to helmet non-use. For example, California law does not require bicyclists over the age of 18 to wear a helmet, so your attorney might assert that you had no duty to wear a helmet. Your lawyer might also contend that a reasonable person would not have worn a helmet in the same circumstances—for instance, if you were riding just a few blocks from your home to buy groceries. It may also be possible to argue that wearing a helmet would not have reduced the severity of your injuries. Bicycle helmets aren’t foolproof after all, and if you didn’t suffer a head injury, it might not be appropriate to reduce your damages for helmet non-use.
