Paceline Law P.C. helps people that have been injured in bicycle accidents in Lafayette. When you ride your bicycle, there’s many things you should do to protect yourself. Most importantly, you should always wear a helmet. While this might seem obvious, it doesn’t always happen–and this usually makes injuries worse. At the same time, you still have legal options that my firm can help you with. Contact us today for a free consultation to learn more.
Why Would You Need a Lawyer After a Bicycle Accident in Lafayette?
Not wearing a helmet can complicate your bicycle accident claim in Lafayette. While you don’t need a lawyer for every accident, having our team can significantly improve your case–especially if you’ve been more seriously injured. Here’s how we help:
- Guidance – My firm can explain your rights and the legal process, helping you make informed decisions.
- Building your case – We gather evidence, identify who’s responsible, and create a strong case.
- Negotiation – We handle communication with the insurance company, ensuring they offer a fair settlement.
- Reducing stress – My team manages the legal side of things so you can focus on recovery.
Whether you pursue a lawsuit or an insurance claim, we’ll support you every step of the way. But remember, it’s also important to understand how the process works.
Can I Still File an Injury Claim If I’m Not Wearing a Bicycle Helmet?
Simply put, you can file an injury claim after a bicycle accident where you’re not wearing a helmet. This is because under California law, only riders under the age of 18 are required to wear a helmet.
So, if you’re in an accident, you have legal rights. Namely, you can file an injury claim to recover “damages,” just like you could in any other bike accident situation. You can typically do this by:
- Filing an insurance claim
- Filing a personal injury lawsuit
Whichever option you choose, you can present your case and potentially recover things like:
- Medical expenses and ongoing care
- Lost income due to missed work
- Bike repairs or other property damage
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Wrongful death expenses, if applicable
Your damages will be based on your specific injuries and how the accident has impacted your life. The stronger your case, the more damages you can recover. But not wearing a helmet is going to come into play in your claim.
Who Pays For Your Damages After a Lafayette Bicycle Accident?
At least in legal terms, not wearing a helmet doesn’t make you responsible for a bicycle accident in Lafayette. Rather, fault lies with whoever was “negligent.” Negligence means someone failed to act safely, leading to the crash and your injuries. You can see how this might cause a bicycle accident, but usually involves:
- Failing to yield
- Driving under the influence
- Speeding
- Not checking before switching lanes
- Unsafe passing
- Texting while driving
So, when there’s a bike accident because of one (or multiple) of these factors, this person (or group) has to pay for your damages. In most bicycle accidents, this includes:
- Drivers who hit you
- Pedestrians or other cyclists who caused the accident
- The city or state government that failed to maintain safe roads
- Makers of defective car or bike parts
However, you could also share some responsibility if, for example, you were riding recklessly or not paying attention. This is called “comparative negligence.” This means your damages will be reduced by whatever percentage of fault you share in the accident. And if you’re not wearing a helmet, an insurance company is going to try to argue that this made your injuries or accident worse–and by extension they shouldn’t have to pay you as much.
How Do You Protect Your Bike Accident Claim If You’re Not Wearing a Helmet?
Whenever you face an insurance company in the claims process, it’s going to be challenging. Insurance companies have vast resources and a number of representatives with one goal in mind–pay you as little as possible. As such, they’ll use any evidence they can to try to devalue your claim. This is important if you’re not wearing a bike helmet at the time of an accident. But again, it doesn’t take your rights away. At the same time, it means doing things to protect your claim is critical. This means doing the following:
- Getting medical help – As always, the first thing you should do is call 911 for an ambulance to take care of your health. Getting medical care immediately, and following the advice given by your doctors is very important for your damages.
- Calling the police – When you call 911, also have the Lafayette police or county sheriff respond to the scene. Their report will have valuable information for your claim.
- Gathering evidence at the scene – If it’s safe, take photos and videos of the accident scene, noting any damage to your bike and factors contributing to the accident. Gathering contact and insurance information from those involved is also important.
- Tracking your losses – Keep detailed records of your medical bills, bike repair costs, and any other expenses or losses resulting from the accident.
- Being careful with statements – Don’t admit fault for the accident. While it’s important to be honest about not wearing a helmet, stick to the facts when discussing the accident with insurance representatives or others.
While you should always wear a bike helmet when you’re riding, not doing so doesn’t prevent you from filing a claim. By following these steps, you’ll strengthen your case. But again, not wearing a helmet is probably going to have consequences in one form or another.
How Does Not Wearing a Helmet Factor into Bike Accidents in Lafayette?
It’s not all that difficult to see how not wearing a helmet factors into your bike accident in Lafayette: it’s going to make everything more difficult. That alone is enough reason to wear one, even though you don’t have to. But specifically, it’s not only going to make the legal process more complicated, but it’s going to likely make your injuries more serious. And depending on the type of collision, you could be facing pretty serious injuries, particularly:
- Traumatic brain injuries (TBIs)
- Facial fractures
- Skull fractures
- Injuries to your neck and spine
- Cuts and bruises
- Burns
While a properly fitted helmet is crucial for protecting your head in a bicycle accident, it can’t prevent all injuries. Worse, wearing an improperly fitted helmet–or no helmet at all–can actually increase the risk of injury in a crash. That’s why you need the help of our team to make sure your rights are protected.
Protect Your Rights After a Lafayette Bicycle Accident With Paceline Law
Not wearing a helmet while cycling in Lafayette might increase your risk of injury, but it doesn’t take away your legal options. At Paceline Law, we have experience dealing with insurance companies and are ready to help you with your claim. If you’ve been injured in a bike accident, we can protect your rights and help you through the process. Contact us today for a free consultation
