How Does California’s Bicycle Helmet Law Impact Your Injury Compensation

What if you were involved in a bicycle accident, and you weren’t wearing a helmet? Would that affect your ability to receive compensation for your injuries in California? It’s a valid concern. Many cyclists wonder whether not wearing a helmet could prevent them from getting the medical expenses or damages they deserve. Let’s break down how California bicycle helmet law impacts your insurance claim and whether being helmet-less can really result in a denial of compensation. Also, we will provide an insight of how – the correct legal help can help you deal with this situation.

Can Insurance Companies Deny Compensation for Not Wearing a Helmet?

In California, cyclists over the age of 18 are not required by law to wear a helmet while riding. However, for minors, the law is clear: wearing a helmet is mandatory. So, the question remains: Can an insurance company deny compensation if you weren’t wearing a helmet?

The short answer is no. The California bicycle helmet law does not automatically bar you from recovering compensation if you’re injured while not wearing a helmet. Here’s why:

• No Legal Requirement for Adults: Adults are not legally required to wear helmets in California. Therefore, insurance companies cannot deny your claim based solely on your failure to wear a helmet, as long as you were not violating other laws (e.g., riding in a dangerous area).
• Insurance is Based on Fault, Not Helmet Use: Insurance claims are evaluated based on fault and liability. If another party’s negligence caused the accident, you can still file a claim for compensation regardless of whether you wore a helmet.

However, this doesn’t mean that not wearing a helmet won’t affect your case at all. The concept of comparative negligence may still apply.

Also Read – Why You Should Hire a California Bike Accident Lawyer

How Comparative Negligence Impacts Your Insurance Claim?

Comparative negligence is a legal principle that reduces your compensation based on your share of fault in the accident. So, if you weren’t wearing a helmet, could this be considered your fault?

Let’s examine the situation:

Negligence Claims and Helmets: If you weren’t wearing a helmet, the defense might argue that your injuries would have been less severe had you been wearing one. This could reduce your compensation, but it doesn’t eliminate your right to pursue damages.

• The Importance of Evidence: If the driver was clearly at fault, the focus will be on proving that their negligence caused the accident. While not wearing a helmet might slightly affect how much compensation you receive, it doesn’t nullify your claim.

How Insurance Companies Use the California Bicycle Helmet Law Against You?

Insurance companies may try to use your lack of a helmet as a reason to reduce your claim or lower your compensation. However, California bicycle helmet law does not automatically justify a reduction in coverage.

Here’s what you need to know:

• Insurance Adjusters May Suggest Contributory Negligence: While the law doesn’t mandate helmets for adults, insurance companies often argue that not wearing one was a contributing factor to your injuries. In other words, they may claim that your injuries were more severe because you weren’t wearing a helmet, even if the accident itself was caused by someone else’s fault.
• How a Lawyer Can Help: If this happens, you should consider speaking with an experienced bicycle attorney who can push back on such claims. They will help ensure that your compensation is not unfairly reduced based on your helmet status. Our legal team at Thomas Forsyth is there to help you through.

What Happens If You Were a Minor in the Accident?

If you’re a minor involved in a bicycle accident, the bicycle helmet law California is more straightforward. Children under 18 are legally required to wear helmets while cycling. But does this law mean your claim can be denied if you’re underage and not wearing a helmet?

• Violating Helmet Laws Doesn’t Automatically Bar Recovery: Even if you are a minor and weren’t wearing a helmet, this doesn’t automatically disqualify you from compensation. However, in some cases, it could play a role in how much compensation you receive, especially if your injury is more severe because you weren’t wearing a helmet.
• The Role of Comparative Negligence: For minors, the law can still be applied under comparative negligence, which means that the amount you receive could be adjusted depending on how much the lack of a helmet contributed to the injury.

The Role of a Bicycle Attorney in Helmet Law Cases

Navigating the complexities of California bicycle helmet law and how it interacts with insurance claims can be overwhelming. An experienced bicycle attorney can help guide you through the process and ensure your rights are protected.

• Fighting for Fair Compensation: If you are being unfairly penalized for not wearing a helmet, a bicycle attorney will fight on your behalf. They can help prove that your injuries were caused by the accident and not the lack of a helmet.
• Working with Insurance Companies: A lawyer can deal directly with insurance companies to prevent them from using your lack of a helmet as a reason to deny or reduce your claim. They’ll handle the legal paperwork and help gather evidence to strengthen your case.

If you’ve been injured in a bicycle accident and are concerned about helmet laws affecting your claim, it’s time to speak with a legal professional who can help. The Law Offices of Thomas F. Forsyth is here to help guide you through the insurance claim process and protect your rights after a bicycle accident.

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Key Takeaways: Helmet Laws and Your Insurance Claim

• Adult Cyclists Are Not Legally Required to Wear Helmets: The California bicycle helmet law applies to minors, not adults, so being an adult cyclist does not automatically affect your compensation rights.
• Insurance Companies May Argue Comparative Negligence: While you can’t be outright denied compensation for not wearing a helmet, insurance companies may try to reduce your damages based on the argument that your injuries were worse because you weren’t wearing one.
• An Attorney Can Help Defend Against Unfair Claims: A qualified bicycle attorney can ensure that you are not unfairly penalized for not wearing a helmet and will fight for full compensation.

When cycling accidents occur, don’t let misunderstandings about the bicycle helmet law California influence your recovery. Contact a trusted attorney to protect your interests and secure the compensation you deserve.