When pursuing a bicycle accident claim, the use of helmets plays a significant role in both the prevention of injuries and the outcome of legal proceedings. Helmets are widely recognized for their ability to reduce the severity of head injuries in the event of a crash, but their impact extends beyond mere safety.

Our friends at Marsh | Rickard | Bryan, LLC explain how helmet use can influence the outcome of your bike accident suit and what to expect during the legal process.

The Safety Benefits Of Helmets

Helmet use is strongly associated with a reduction in the risk of severe head injuries during a bicycle accident. Studies consistently show that helmets can significantly decrease the likelihood of traumatic brain injuries, concussions, and other serious head-related injuries. By absorbing and distributing impact forces, helmets provide a crucial layer of protection that can make a difference between a minor injury and a catastrophic one.

Helmet Use And Liability

When it comes to liability in bicycle accident claims, helmet use can influence the legal outcome. In many states, wearing a helmet is not legally required for adults. So, while you may be within your rights to not wear a helmet, this choice could impact the strength of your claim, even if you were clearly not at fault for the crash.

• Contributory Negligence: In some cases, a cyclist’s failure to wear a helmet may be considered a factor in determining contributory negligence. Contributory negligence refers to a situation where the injured party’s own actions or omissions contribute to their injuries. If it can be demonstrated that wearing a helmet could have mitigated the severity of the injuries, the absence of a helmet might affect the level of compensation awarded.
• Mitigation of Damages: Helmets can play a role in the assessment of damages, particularly regarding head injuries. If a cyclist sustains a head injury that might have been less severe or avoided with helmet use, the argument that the damages could have been mitigated may come into play. In some cases, this can influence the calculation of damages and the overall outcome of the claim.

Helmets And Insurance Claims

Insurance companies often consider helmet use when evaluating bicycle accident claims. Insurers may argue that failure to wear a helmet contributed to the extent of injuries, potentially affecting the settlement amount or claim approval. While this argument may hold weight in some situations, it’s essential to recognize that it does not absolve the at-fault party of liability.

Legal Counsel And Helmet Use

Cyclists involved in accidents should consult with experienced legal counsel to navigate the complexities of helmet use in their claims. A knowledgeable attorney can provide guidance on how helmet use might impact their specific case, address potential contributory negligence claims, and ensure that all relevant factors are considered in seeking fair compensation.

For cyclists, wearing a helmet is not only a prudent safety measure but also an important aspect to review when considering a legal case. Consulting with a skilled bicycle accident lawyer can give you the peace of mind that all elements of the case are properly addressed, including the implications of helmet use.