In a bike accident resulting from another driver’s negligence, the cyclist should not be liable for the damages for not wearing a helmet. Although not wearing a helmet does not directly cause a collision, it may be considered one factor that influences the severity of the injuries from the crash.
If you sustain injuries from a bike accident while not wearing a helmet, this article will help you understand your legal rights and help you navigate the complexities of such a case.
Why Do Cyclists Need Helmet When Riding?
Did you know that in 2021, there were 961 deaths attributed to crashes involving bicycles versus vehicles? The Insurance Institute for Highway Safety also noted that 61% of cyclists who died in the same year did not have a helmet.
The primary purpose of helmet use for cyclists is safety. Helmets are an essential piece of safety equipment that can dramatically lower the chance of brain damage in case of a bicycle accident. According to the Cleveland Clinic, wearing a helmet when cycling helps:
- Reduce the severity of head injuries by 60%.
- Lessen severe brain damage by 53%.
- Decreases the fatality and injury rate of cyclists by 34%.
By absorbing and distributing the force of a collision, helmets lessen the force applied to the cyclist’s head. This can reduce the risk of traumatic brain injuries, skull fractures, and concussions, among other head injuries.
Helmet use also emphasizes the value of self-protection and fosters a safety culture among cyclists. Overall, cycling while wearing a helmet lowers the chance of head injuries and improves road safety.
What Are the California Bike Helmet Laws?
There are several California bike helmet laws cyclists must understand before traveling and sharing the road with others, including the following:
- Helmet Use: According to California Vehicle Code 21212, individuals under 18 must wear a properly fitting helmet that is securely fastened and meets recognized safety standards when riding a bicycle on a bikeway, street, or any other public path or trail. This also applies to bicycle passengers.
- Type of Helmets: Helmets must adhere to the safety regulations established by the Snell Memorial Foundation, the American Society for Testing and Materials (ASTM), or the Consumer Product Safety Commission (CPSC).
| Helmet Requirements | |
| CPSC | Helmets must not obstruct the user’s vision, remain securely in place during a fall, and effectively reduce the impact on the wearer’s head in a collision with a hard surface. |
| ASTM | Helmets must undergo tests for impact absorption, the durability and security of the retention system (straps), and specific assessments tailored to different types of headgear. |
| Snell | Snell-certified helmets must pass examinations for impact absorption, stability during impact, strength of the retention system, and coverage provided to the head. |
Moreover, if you fail to follow these California bike helmet laws, you may face legal consequences, such as fines of up to $25. Authorities also have the right to cite a minor’s parent or legal guardian if they see their minor riding without a helmet.
Can Not Wearing a Helmet Cause a Bike Accident?
Not wearing a helmet does not necessarily cause bike accidents. However, bicycle accidents in which cyclists do not wear helmets are significantly more prone to fatalities or brain injuries compared to crashes in which cyclists wear helmets to protect their heads.
A 2016 study discovered that out of the 6,267 participants, 25.1% were wearing helmets. Among all participants, 52.4% experienced severe traumatic brain injuries (TBIs), and the mortality rate was 2.8%. Moreover, cyclists wearing helmets showed a 51% decrease in the likelihood of severe TBIs and a 44% decrease in the possibility of fatality. Additionally, helmet usage lowered the probability of facial fractures by 31%.
While failure to use a helmet while cycling does not directly cause a bike accident, it can significantly influence the impact of the crash on cyclists, potentially increasing their chances of severe injuries and death without helmets.
Can a Cyclist Be Liable for a California Bike Accident for Not Wearing a Helmet?
If a bike accident occurs due to a driver’s negligence, the driver is typically liable for covering the damages. Usually, they will use their insurance coverage to address these costs.
However, there are instances when insurance companies insist you are at fault for not wearing a helmet. Note that not failing to use a helmet should not hinder you from filing a claim. This is why it is crucial to establish that their actions directly led to the collision in order to receive compensation.
In personal injury law, proving an individual’s negligence entails demonstrating the following:
- The party had a duty to uphold road safety.
- They breached this duty.
- The breach directly caused the accident.
- The accident resulted in injuries and damages.
Remember that even if you failed to use a helmet during the crash, the driver should still be liable for the damages if their actions caused the collision. While the insurance company may not establish that you are at fault for the crash, they can insinuate that you have contributed to the severity of your injuries.
For example, a drunk driver hit you. During the crash, you were not using a helmet. As a result, you sustained significant head injuries. The at-fault party’s insurance company then insisted that your injuries would not have been that catastrophic if you wore a helmet.
Even if you can file a claim for compensation in such a case, you will likely receive a reduced settlement. In California, injured victims can pursue a case regardless of how much they contributed to the damages of the crash. Hence, in the scenario, you may receive 85% restitution if the court agrees you are 15% liable.
On the other hand, the driver can also contend for 15% of the settlement. This is why hiring a California bike accident lawyer who can examine the facts, prove liability, and negotiate fair compensation is highly recommended.
Lawyer’s Tip: Not wearing a helmet is not necessarily a violation of the law if you are a cyclist over 18. However, this can still contribute to the severity of your injuries, affecting your overall settlement. Contact a California bike accident lawyer before accepting any offer to receive your deserved compensation.
What Insurance Covers Bike Accidents?
Usually, the at-fault party’s insurance provider should cover the damages if the crash results from their negligence. However, this might not be an option in some instances, such as when the driver flees from the scene and can’t be located.
In such situations, you can rely on your policy, such as your health insurance, to pay for the damages expenses. Additionally, you may use your property owner’s homeowner’s or renter’s insurance if you have one.
Only a few bicycle drivers have this insurance coverage because it is not required in California. Bike accident lawyers can advise you on your choices for pursuing a bicycle accident claim.
Do I Need the Help of Bike Accident Lawyers to Defend My Case?
Cyclists face a higher risk of sustaining severe injuries in accidents than vehicle occupants due to their increased exposure and lack of protection. This is particularly true if cyclists fail to wear helmets when traveling.
Such actions can also be used against cyclists, potentially reducing their settlement in a bike accident claim. Fortunately, California bike accident lawyers possess the expertise to navigate these challenges and safeguard your legal rights by:
- Gathering ample evidence to support your claim effectively.
- Identifying liable parties and establishing liability for the accident.
- Assessing the full extent of damages incurred as a result of the incident.
- Negotiating with insurance companies to secure equitable compensation.
- Ensuring compliance with legal deadlines and procedural requirements.
- Initiating legal proceedings and providing representation in court if needed.
The legal team at the Law Offices of Larry H. Parker is dedicated to protecting your rights and seeking justice by pursuing a personal injury claim against the liable party. We carefully examine your case and customize our legal approach to fit your situation.
For a free consultation to discuss your legal options, contact our office at 800-333-0000.
What Our Clients Have to Say About Us
While many personal injury attorneys can manage your claim and develop a legal strategy, our team stands out for our steadfast advocacy. Our personal injury lawyers are fully equipped to construct a robust claim, as evidenced by the feedback from our past clients.
“This review has been long overdue. The staff has been exceptionally accommodating to any of my questions or needs. Everything was handled with such professionalism and promptly. Thank you for all your hard work and commitment through my despair. I highly recommend your firm to others who find themselves in my situation.
Keep up the good work!” – R. Hamm
Frequently Asked Questions
Accidents may be upsetting and complicated, leaving everyone involved with questions about their rights, obligations, and legal alternatives. Understanding the aftermath of an accident is critical for safeguarding your rights and getting proper compensation, regardless of whether you are the driver, passenger, or pedestrian.
If you have further questions, we answered some of the most often-asked concerns about road accidents.
- Four Most Important Elements to Look for in a Bicycle Accident Attorney in Los Angeles, CA
- Who Is Liable In A Bicycle Accident on Multi-Lane Roads?
- Should I Report a Hit-and-Run with No Damage?
- Did a Pothole Cause Your Bike Accident? Learn Who Could Be Held Accountable
Works Cited
“Bicycle Helmet Safety: Importance of Wearing a Helmet.” Cleveland Clinic Health Essentials, 23 January 2023. Accessed 15 May 2024.
“Bicycle helmets work when it matters the most.” PubMed. Accessed 15 May 2024.
“Bicyclists.” IIHS. Accessed 15 May 2024.
“Section 21212 – Bicycle helmet requirements, Cal. Veh. Code § 21212.” Casetext. Accessed 15 May 2024.
