Getting into a bike accident is scary enough. It would be so much worse if you weren’t wearing a helmet when it happened. If that is your situation, you may be wondering if you still have a case. The short answer is yes. You can still sue in Los Angeles even if you weren’t wearing a helmet. However, your claim may face some challenges.
California helmet law for adults
In California, only riders under 18 are required by law to wear a bicycle helmet. If you’re 18 or older, you’re not legally required to wear one. That means not wearing a helmet doesn’t automatically make you responsible for your injuries. However, insurance companies may still try to use it against you.
How comparative negligence affects your case
California follows a rule called pure comparative negligence. This means your compensation can be reduced if you’re found partly at fault. If a driver caused the crash, but not wearing a helmet made your head injuries worse, a court may say you share some of the blame.
For example, if you’re awarded $100,000 but found 20% responsible, you’d receive $80,000. That’s still a strong recovery. Yet you need to be prepared for this argument.
What insurance companies might argue
Even when the accident wasn’t your fault, insurers may claim that not wearing a helmet shows carelessness. This is especially true if you suffered head or brain injuries. That however, doesn’t mean their argument will hold up in court.
Your attorney can present evidence showing the crash would have caused the same harm, with or without a helmet. They may also focus on the other driver’s clear fault, like speeding or running a red light.
Why legal guidance is helpful
If you were injured while biking without a helmet, don’t assume you’re immediately without a case. An experienced personal injury lawyer can help you fight back against blame-shifting tactics and build a strong case.
Even without a helmet, you still have rights, and you deserve the chance to recover what you’ve lost.
