Paceline Law P.C. helps anyone that’s been hurt in a bicycle accident in Lafayette and the East Bay. As a bicyclist, you don’t have a lot of control of an accident situation, but things like wearing a helmet can at least reduce the seriousness of any head injuries. At the same time, not wearing a helmet doesn’t take away your legal options. If you’ve been hurt in a bicycle accident where you’re not wearing a helmet, contact us today for a free consultation.
Why Do You Need a Lawyer?
When you’re hurt in a bicycle accident, you aren’t required to have a lawyer when you file a claim. But that doesn’t mean you don’t need a lawyer–especially if your injuries are serious or your case is fairly complicated. In cases where you’re not wearing a helmet, both of these things are likely true.
My team at Paceline Law has extensive experience with helping clients in this very situation. We can:
- Explain your legal options
- Look into who caused the accident
- Help you gather important evidence
- Negotiate with insurance companies for a fair settlement
- Make things easier for you
Whenever you’re in a bike accident in Lafayette, we’re here to help. Keep in mind, though, that not wearing a helmet is going to impact your claim.
What Legal Options Do You Have After a No-Helmet Bicycle Accident?
Any bike accident in Lafayette is unfortunate, whether you’re wearing a helmet or not. While you always should wear one, not doing so doesn’t take away your legal options.
At the same time, though, not wearing a helmet can be seen as contributing to the severity of your injuries. Insurance companies and even a judge or jury might argue that your injuries would have been less serious if you had been wearing a helmet.
Even so, this doesn’t stop you from filing a claim, which usually happens through an insurance claim or lawsuit. The goal is to recover “damages”, which is just financial support for your losses. Typically, these include:
- Medical bills and ongoing care
- Lost income from missed work
- Repair costs for your bike or other damaged property
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Wrongful death expenses, if the accident is fatal
Your damages will be specific to your case and depend on how the accident has affected your life. The stronger your case, the more you can recover in damages. But like any case, you have to also figure out who pays these damages.
Who’s Responsible for Covering Your Damages in a Bicycle Accident Claim?
Not wearing a bike helmet doesn’t make you responsible for a bike accident in Salinas. Liability falls on the person who was “negligent,” meaning they failed to act responsibly and caused the accident. This could include:
- Drivers who hit you
- Pedestrians or other cyclists involved in the crash
- Local government agencies responsible for road maintenance
- Manufacturers of faulty car or bike parts
Negligence can involve various factors, such as:
- Failing to yield
- Driving under the influence
- Speeding
- Not checking before changing lanes or turning
- Passing you unsafely while you’re biking
- Texting and driving
While these actions often cause bike accidents in Lafayette, you might also share some responsibility if you were riding recklessly or not paying attention to your surroundings. This is called “comparative negligence.” This concept, along with not wearing a helmet, could impact how much financial support you can recover in a claim. So then, it’s very important to know how to respond effectively.
How Can You Protect Your Claim If You’re Not Wearing a Helmet?
Any bicycle accident that’s caused by someone else is going to leave you facing injuries and other challenges. But one challenge you might not think of–especially if you’re not wearing a helmet–is how the at-fault party (through their insurance company) is going to argue against their liability.
At that point, it’s vital to take steps to protect your claim. Here’s what you can do:
- Get medical help – Your health comes first. Call 911 to get checked out, even if you don’t feel hurt. Shock can hide serious injuries, and delaying treatment can hurt your claim. Insurance companies may argue your injuries weren’t caused by the accident if you don’t get medical care right away. Also ask the 911 dispatcher to send the police to the scene.
- Get the driver’s insurance information – If the police don’t arrive, make sure you get the driver’s details yourself. Write down their car’s make and model, license plate number, and insurance information. This will be crucial for your claim.
- Talk to witnesses – Witnesses can help support your version of events. If there are people around, ask for their contact details. Their statements could strengthen your claim.
- Gather evidence – Use your phone to capture the scene, including damage to your bike, the other vehicle, and any injuries you have. This evidence will help when dealing with insurance companies.
- Document the incident – As soon as you can, write down what happened. Include any comments the driver made, like “I didn’t see you,” which can help prove they were at fault. Keeping a record of important details will strengthen your claim later.
Following these steps will help you build a strong case, even if you weren’t wearing a helmet during the accident. But again, this process is going to be made more difficult because of the potential injuries you could be facing.
What Injuries Happen in No-Helmet Bicycle Accidents?
If you ride a bike with no helmet, it doesn’t take away your legal options–nor is it even illegal in California if you’re over 18. But, the reality is that it’s going to make you even more vulnerable to injuries, especially to your head and face. Some of the most common injuries in this scenario involve:
- Traumatic brain injuries (TBIs) and concussions
- Skull fractures
- Facial fractures, especially to your nose, eyes, or jaw
- Dental injuries
- Ear damage
- Facial disfigurement or scarring
Every bicycle accident is unique, even in ones where you’re not wearing a helmet. Whether you face one or several of these injuries, it’s important to take immediate action after the accident to protect your health and your potential injury claim. With that taken care of, you can reach out to our team for guidance.
Dedicated Legal Help After a No-Helmet Bicycle Accident in Lafayette
Riding a bike in Lafayette Is a great way to get around, but it comes with risks–especially if you’re not wearing a helmet. Even without a helmet, you still have the legal right to recover support for your injuries. Our dedicated team at Paceline Law is ready to help you through this difficult time. Contact us today to set up a free consultation to talk about your options.
