Riding a bicycle is a great way to unwind, do some light cardio, and strengthen your muscles. It is no wonder that so many people in California enjoy biking, especially with the fantastic weather in this State. But did you know that you are required to know and adhere to the bicycling rules of California before you hop on your bike? If not, you should familiarize yourself with the set laws. One such law is that you should always have a helmet on when riding your bike, which is why there are helmet laws. But why is this law important? What is comparative negligence? And how do these biking rules and laws affect you? These and more questions about helmet laws, comparative negligence, and bicycle accidents will be answered in the article below.
What are Helmet Laws?
These are simply the laws that apply to anyone who wants to ride their bike in California. The rules are set to safeguard riders against severe injuries in the event of a bicycle collision. These laws are expected to be adhered to by everyone riding their bicycle in this State, regardless of their age or riding experience. The helmet laws are outlined in Section 21212 of the California Vehicle Code.
While some cities may require people over 18 years old to wear a helmet, some cities like Ventura do not legally demand but still encourage the use of this protective gear. Children under 18 years must always have a helmet on when riding their bikes. The helmet to be worn should be one approved by the Department of Transportation. The approved helmets must meet the standards set by the United States Consumer Product Safety Commission or the American Society for Testing and Materials (ASTM).
What Does Comparative Negligence and Contributory Negligence Mean?
As an adult, you may choose to wear or not wear a helmet, but you should know there are consequences to not wearing one. Parents and guardians will be subject to a fine for minors riding without a helmet. They may even be required to take a mandatory bike safety course. California operates by a comparative negligence system, where all parties involved after a personal injury occurs will be assigned a percentage of fault. If you are injured in a crash, then the court will look into the degree of the part you played in causing the accident.
Some cities practice contributory negligence, where if you are partly found to be at fault, then your compensation claim is done away with entirely. Contributory law is not as popular as it is considered outdated. Thus, many cities in California do not use it. The beauty and justice of comparative negligence is that even if you had a part to play in the accident, you will still be compensated. The degree to which you are liable for the accident is calculated as a percentage and deducted from the total compensation that would have been awarded.
How Do Helmet Laws Affect Your Compensation Claim?
Since comparative negligence is the more commonly used law when bicycle accidents happen, it is essential to know that helmet laws play a significant role here. This is because it is considered negligent not to have worn a helmet to protect oneself from the unforeseen. This is an argument that will negatively affect the amount that you get from a settlement. Not wearing a helmet is also an argument that insurance companies widely use to show your lack of taking all possible measures to protect yourself to a reasonable degree from an accident. Some of the most common injuries that people sustain in bicycle accidents include skull fractures, traumatic brain injuries, and concussions.
It is also important to note that perception matters, and you do not want the jury during your case to see you as a reckless rider. The truth is that jurors and even insurance companies are more likely to give a more favorable response to cyclists who wear helmets. Abiding by the helmet laws is what you need to get compensation that you can use to make up for lost wages, medical expenses, and future recovery-related expenses. If you know the helmet laws and have not adhered to them and are involved in an accident, should you call a lawyer? Yes, you should because it is your legal right to seek justice and compensation despite the negligence. This is especially important when negligence can be proven against the parties at fault. If the accident occurred because the other party was speeding, failing to yield to right-of-way laws, driving recklessly, or driving while inebriated, then you have a viable case.
Why Contact a Lawyer After a Bicycle Accident?
It is clear that not wearing a helmet will reduce the amount that you would have been paid after the accident. But did you know that in some specific cases, not wearing a helmet will not impact the compensation? Yes, some injuries are not likely to affect the damages you receive. If your injuries are not in places that would be protected by the helmet, namely the head and neck, then the comparative negligence argument may not be fully applied.
Few people know that this exception to the rule is possible, and that is why you should always contact a lawyer after a bicycle accident. These bicycle accident professionals have the expertise needed to know how to tackle the facts of the case and get you the compensation you need. Bicycle accidents come with their own set of physical, financial, and mental challenges. You do not want to be navigating the court systems alone and without proper legal knowledge while you are healing. A qualified lawyer is the one you need to contact so that they can get you the compensation you need to aid in offsetting present and future medical bills.
