Getting into an accident without your bicycle helmet can be difficult, mainly because there is an additional risk of severe injuries. If you have gotten into a bicycle accident, we understand how stressful and confusing the legal process can be. We also know that wearing a bike helmet can impact your claim in several ways you might not expect.
Luckily, you do not need to manage your bicycle accident claim alone, including aspects related to the legal system, your financial stability, the recovery process, and more. The bicycle accident lawyers from Younglove Law Group have a great deal of experience in the legal process, and our clients trust us to bring them valuable support and positive results during challenging times. If you want legal assistance and information, please contact us at your earliest convenience.
Does Wearing a Helmet Affect Your Bicycle Accident Claim?
If you were not wearing a helmet at the time of the accident, your claim will most likely be affected in several ways. Whether you collide with another cyclist, a car, or a larger vehicle, not wearing your helmet can negatively impact your claim. If you drive into a cyclist, the absence or presence of protective gear will play a role in the effectiveness of your claim.
Severity of Injuries
Not wearing a helmet and other protective equipment can impact how severe your injuries are, and utilizing these tools can prevent serious bodily harm. We recommend wearing protective gear whenever possible to maximize your likelihood of safety whenever you ride your bike, as this can make it much easier to focus on the healing process.
Amount of Fault
Not wearing a helmet can also increase the fault you receive in a bike accident claim. This is because California law determines that accidents resulting in injury delegate fault based on comparative negligence. Comparative negligence laws allow for more than one party to be responsible for injuries and other losses due to an accident.
The court may decide that you were acting negligently because you were not wearing a helmet, though this is not necessarily certain. However, know that following the laws and practicing caution while riding your bike will reduce the amount of fault you can be given in these kinds of claims. By working with a bicycle accident lawyer, your attorney can help ensure you receive minimal fault and that the liable party who acted negligently receives their fair share of the blame.
Changes in Compensation
Whether or not you wear a helmet can also affect the compensation you can collect for your incurred damages and other expenses. In many cases, not wearing a helmet can result in bicyclists receiving less payment than they need to focus on their recovery, even when they face more severe injuries. This is partially related to the amount of fault someone might receive as the claim progresses through the legal system.
Insurance Company Leverage
In some instances, like when the liable party does not have an applicable insurance policy to file with, you can make a claim directly against the responsible individual. However, you will most likely file your bicycle accident claim with an insurance company which will be responsible for any settlement payments you qualify to receive.
By not wearing a bicycle helmet, you give the insurance company leverage against you. Insurance companies often make a lot of effort to avoid giving victims the fair payment they deserve and qualify for, and they will take advantage of you not wearing a bicycle helmet if they can.
Because the insurance company will try to underpay you, we strongly recommend you work with a lawyer for assistance. Your bicycle accident lawyer can help represent you fairly and ensure that the insurance company gives you the compensation you qualify for, allowing you to focus better on making your recovery and reducing your stress.
Get Valuable Help From Younglove Law Group’s Bicycle Accident Lawyers in California
If you suffer severe injuries due to a bicycle accident, you have the right to take legal action and win compensation for your losses. Fortunately, you also do not need to face these legal challenges alone because Younglove Law Group can readily support victims and survivors of such incidents. Please get in touch with our team if you want legal representation during these trying times.
When you retain services from our dedicated team, we can answer your questions, reduce your stress, give you access to our helpful resources and strategies, and gain a strong understanding of your case. You can contact us by calling us at (949) 691-3660, calling our toll-free number at (844) 810-1800, or completing our contact form.
