Can I Still Recover Damages for a Bike Accident Without a Helmet?

Bicycle accidents are traumatic experiences, and many injured cyclists worry that not wearing a helmet may bar them from seeking compensation. The good news is that in many cases, injured cyclists can still recover damages even if they weren’t wearing a bike helmet at the time of the accident.

In this article, we’ll explain state bicycle helmet laws and how they impact your ability to get compensation for injuries after an accident.

If you have been injured in a bicycle crash and need legal guidance on how you can recover damages, contact a bicycle accident attorney. They can help evaluate how state laws apply to your situation and assist you in securing the compensation you deserve.

Overview of State Bicycle Helmet Requirements

Bicycle helmet laws vary from state to state. They primarily focus on minors. Several states have bicycle helmet legislation requiring minors to wear helmets. The specific age requirement varies, but it commonly applies to riders who are under 16 or 18.

For example, California requires all persons under 18 to wear a properly fitted and fastened bicycle helmet when riding any of the following on a public street, bikeway, or public bicycle path:

• Bicycle
• Skateboard
• Roller skates
• Nonmotorized scooter

The helmet must meet the standards established by either the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC).

Louisiana has one of the lowest age requirements for helmet use. It requires bike operators and passengers under 12 to wear a helmet.

Some states, like Iowa, have no bike helmet laws at all.

Even in states without statewide helmet laws, individual cities and counties may have their own ordinances requiring the use of helmets for bicycle safety.

For instance, Texas doesn’t have a statewide bicycle helmet law. However, cities such as Austin and Fort Worth have local cycling safety laws requiring minors to wear helmets. Additionally, e-bike riders should be aware of helmet safety requirements. Some jurisdictions have different or additional helmet requirements for electric bicycles.

How Negligence Systems Impact Your Claim

Cyclists riding without helmets face an increased risk of fatal head injuries. These injuries include concussions, traumatic brain injuries, head trauma, and skull fractures. The risk of severe head injury or fatality is also significantly higher among those not wearing a protective helmet.

However, this doesn’t automatically establish legal negligence in most jurisdictions.

Your ability to recover damages after a bike accident without wearing a helmet depends largely on which negligence system your state follows. The following are the general types of negligence systems that govern personal injury claims.

Contributory Negligence

Under this rule, if you are found to be even minimally at fault for your injuries, you may be completely barred from recovering any damages. A small number of jurisdictions, including Alabama, Maryland, North Carolina, Virginia, and Washington, D.C., follow the harsh contributory negligence rule.

This strict contributory negligence standard may seem problematic for cyclists who were not wearing a bicycle helmet at the time of a motor vehicle accident. However, there are laws that specifically protect bicycle riders. These laws prevent parties from using the absence of a helmet as evidence of negligence.

Let’s look at some examples:

In Virginia, state law provides comprehensive protection for bike riders. Even if they are not wearing a helmet, it will not constitute negligence. Attorneys are also prevented from introducing helmet-wearing as evidence. They cannot comment on whether the bicycle operator was wearing a helmet.

While Maryland’s Transportation Code specifically addresses motorcycle helmet use, some Maryland counties have enacted local ordinances extending similar protections to bicyclists. Montgomery County, for instance, has such a law. It prevents parties from considering the failure to wear a helmet as evidence of contributory negligence. They also cannot use it to reduce the bike rider’s chance of recovering damages in a civil case.

North Carolina provides statutory protections for bicyclists and motorcyclists. This protection prevents violations of helmet law from being considered as negligence or liability in civil actions. Note that in North Carolina, only bike riders under 16 years old are required to wear helmets.

Pure Comparative Negligence States

Pure comparative negligence allows injured parties to recover damages even if they share some responsibility for the accident. However, their degree of fault reduces the compensation that they may receive.

For example, if you suffered damages amounting to $100,000, which may include medical bills, property damage, and pain and suffering. Then, after investigation, the fact finder assigns you 20% fault. They could reduce your recoverable damages by $20,000.

However, the reduction depends on evidence showing your fault. In the case of helmets, the other side would have to show that wearing a bike helmet would have likely prevented or lessened the severity of the injury you suffered.

Currently, thirteen states follow a pure comparative negligence rule. Some of these states include California, Florida, and New York. If you are unsure about what type of negligence system applies to your state, it is best to contact a car accident attorney. They can help you understand the rule applies to your case and how your non-use of a bike helmet could affect your recovery for damages.

Modified Comparative Negligence

More than half of the states in the U.S. follow the modified comparative negligence rule. This system blends the elements of both the contributory negligence rule and the pure comparative rule.

In these states, if you are a bike rider injured in an accident, you can still recover compensation even if you share some blame for what happened. However, it is only up to a certain point.

In some states, like Colorado, Georgia, and Utah, you can recover damages only if your degree of fault is 50% or less. This rule applies to both adult cyclists and minors.

In other states, you can only recover damages if your degree of fault is below 51%. If your fault is 50% or above, you cannot recover damages. This rule applies in states like Texas, Vermont, and West Virginia.

For example, in Texas, if you are a bike rider and you are found to be 40% responsible for your own injuries, you can recover 60% of the damages you suffered. However, if your degree of fault is 51% or above, you are no longer eligible to recover any compensation.

Even if not wearing a helmet is considered negligent, the other party must still prove proximate cause. This means they must prove that not wearing a helmet actually caused or worsened the specific injuries claimed.

What to Do After a Bike Accident Without a Helmet

The actions that you take after the accident could significantly impact your chances of seeking compensation. After seeking medical help, taking the following steps can help secure your options for later.

Document Everything

If you are physically able, you should gather all the evidence you can, including:

• Pictures of your injuries and the damage to your bicycle
• The location of the accident, the road conditions, and traffic signals or signs, if any
• Information about the other vehicle involved

You should also gather important information from the other party involved in the car accident. Take note of their name, contact information, phone number, insurance details, and the vehicle’s license plate number. You should also collect contact information from any witnesses present at the scene.

Secure a Police Report

If no police officer responded at the scene, contact the police and ask about how you can obtain a police report. The report would strengthen your claim and provide strong evidence of what happened. It could also contain important information about the officer’s observations, which could be helpful in establishing liability.

Protect Your Legal Rights

At the scene of the car accident, it is also important not to admit fault or apologize. Do not discuss whether you were wearing a helmet or give a recorded statement to anyone.

It is important that you speak with a personal injury or car accident attorney before you provide any recorded statement to the other driver or to any insurance company. They could use these statements against you to deny or reduce your claim.

Seek Legal Advice from a Car Accident Attorney

If you are unsure about what you should do after being involved in a bike accident without a helmet, it is best to contact a bicycle accident attorney. Many law firms offer a free consultation. They can help assess the negligence system in your state and how the facts of your case could affect your chances of seeking compensation. They understand the nuances of bicycling helmet laws and can help counter arguments insurance companies or other parties may use to reduce or eliminate your compensation.