Helmets are required for cyclists under the age of 18 in California. Bike helmets used to be required for all bikers, but a 2015 legislative amendment allowed adults to opt-out.
Of course, wearing a helmet at all times is unquestionably safer. Bike helmets have been demonstrated to prevent serious injuries and save lives through decades of research, which is why California’s first helmet regulation was established in 1993.
Over the years, the state has enacted a slew of new bike-friendly rules aimed at improving public safety, improving traffic flow, and safeguarding the environment. Many motorists are unaware that cyclists in California have the right to share the road regardless of whether or not they are wearing a helmet.
Cycling accidents are common in big cities like San Francisco and Los Angeles, where there are up to 20,000 riders. When a vehicle, scooter, pedestrian, or another bike collides with you, every detail of the collision becomes crucial.
Could not wearing a helmet have an impact on your bicycle accident case? Let’s dig more into this topic because you might be relieved to learn what the law says about your circumstance.
What does the California Law Say About this?
First, you should know that California personal injury cases use something known as the comparative negligence rule. It means that each person’s responsibility is assigned a percentage, with a total of 100%.
So you might be found to be 50% at fault for the accident and the other person is 50% at fault. Or you’re 0% at fault and they’re 100% at fault, or vice versa, or anywhere in-between. Sometimes, the fault is even split three or more ways, depending on how many people were involved in the accident.
When you’re awarded bicycle accident compensation in the case, the amount of your award will be reduced by your percentage of the blame. So if the judge determines that you were 25% at fault and the total award was $100,000, you’d still receive $75,000.
But no matter how the responsibility is split, adults can’t be faulted for not wearing bicycle helmets in California. If you rode without a helmet, this can’t be used against you. So rest assured that you still have the right to sue or make an insurance claim.
What rights do Injured Cyclists have in California?
Despite all the legal facts described above, some cyclists still face an uphill battle when trying to claim bike accident compensation in California. Although not wearing a helmet doesn’t affect liability percentages, it may affect the causation of your injuries and the insurance carrier could argue to discount your claim for not wearing one. There is also plenty of bias against cyclists! For example, the motorist who hit you might try to push 100% of the blame onto you, saying your failure to wear a helmet shows you’re an unsafe cyclist.
It’s also possible that a police officer will state in their report that you caused the accident or were cited for a violation. Also, a witness could say something about you that makes you look bad. Or a pushy insurance adjuster might try to bully you into thinking that your lack of a helmet ruins your case.
No way! None of these things are deal-breakers when you have an experienced California bicycle accident lawyer on your side.
Don’t let anyone talk you out of pursuing a legal case until you speak to a lawyer who has your best interests in mind. Siman Law Firm’s Personal Injury Team is here to help you understand your rights and decide on your next move.
This is a turning point in your life that could impact your mental wellbeing and financial stability. With a lawyer’s help, you could win full and fair compensation for your medical bills, pain and suffering, bike damage, missed days of work, and the ongoing treatment you need to heal from your accident.