A driver hits you while you are cycling through Los Angeles, leaving you with a head injury. You were not wearing a helmet, and now the insurance adjuster questions your right to compensation. Could that one detail cost you your entire claim? In California, riding without a helmet does not automatically prevent you from seeking compensation.
When must adults wear bicycle helmets?
Under the California Vehicle Code, cyclists younger than 18 must use helmets. Adults riding conventional bicycles are not required to wear them. However, Class 3 electric bicycle operators must be at least 16, and both operators and passengers must wear helmets.
Can an insurance company blame you for your injuries?
California uses the pure comparative negligence rule. You can still recover money even if you are mostly at fault. However, your compensation is reduced based on your share of fault.
The driver’s insurer may claim your lack of a helmet makes you partly responsible for your injuries. Still, that argument alone does not establish fault or justify denying your entire claim.
For example, a helmet generally would not prevent a broken leg. However, if you suffer a head injury, the defense may argue that wearing one could have reduced its severity.
A driver may still be responsible for causing the crash, even when an insurer argues that a helmet would have limited the harm. Those are two different questions.
What evidence can help support your claim?
When an insurer blames you for your injuries, the following evidence may help support your bicycle injury claim and challenge its argument:
- Crash reports, photos, video footage and witness statements showing how the collision occurred
- Medical records from your treating doctors documenting your injuries and treatment
- Expert opinions assessing whether a helmet could have reduced your injuries
Medical records may also show when symptoms began, how long they lasted and whether the injuries affect your daily life or ability to work. This information can help show the full extent of your losses.
When an insurer disputes your bicycle injury claim
An insurance adjuster’s assessment may not reflect the full value of your claim. An attorney can review whether the insurer overlooked medical records or made unsupported claims about how a helmet could have reduced your injuries. They can also explain what compensation may still be available. This can help you make informed decisions about your claim while you focus on recovery.
