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Bicycle Accidents: Do I Still Have a Claim If I Wasn’t Wearing a Helmet?

| May 7, 2018 | Bicycle Accidents

When a cyclist is struck by a vehicle, he or she could sustain severe injuries that could be costly. The injured cyclist may file a claim in order to be awarded compensation to pay for medical costs. To receive the proper compensation, the injured party may have to prove that they did not share liability for the accident. So, you might be wondering; if I wasn’t wearing my helmet, could I share liability for the cycling accident?


In the state of California, California Vehicle Code 21212 states that any cyclist under the age of 18 is required to wear a helmet. Whether it’s a roadway, trail, or path, the cyclist must wear a properly fitted and fastened helmet. At this current time, there is no law that requires cyclists 18 or older to wear a helmet when riding a bicycle. This does not mean, however, that the cyclist who did not wear a helmet and was in a cycling accident will be fully compensated for injuries.


While not wearing a helmet at the time of the accident isn’t illegal, it could affect your personal injury claim. The insurance company may not want to give the victim complete coverage if the victim wasn’t wearing a helmet at the time of the accident. The insurance company might argue that failure to wear a helmet contributed to injuries and costs associated with this injury should not be compensated.


In order to ensure that you’ll receive the most compensation possible, contact the personal injury attorneys at the Brandi Law Firm. Our lawyers have years of experience handling cycling accident claims and will work to get you the most compensation possible to pay for your injuries. Contact us today to schedule a free consultation.