Bike Accident: What if I Wasn’t Wearing a Helmet?

Injury Lawyer Explains How It Could Affect Your Case

Video Transcript:

Leslie Rhode:

Can I still file a claim if I was not wearing a helmet when hurt on a bicycle? We ask San Francisco attorney Claude Wyle in this AskTheLawyers™ Quick Question.

Claude Wyle:

Your claim is not as good if you don't have a helmet; I'm a very big proponent of wearing all the safety gear you can, and wearing the very best helmet you can. My partner, George Choulos, and I handle a lot of bicycle and motorcycle cases, and frankly, we handle a lot of brain injury cases. It's not as fun to have a case where you didn't have a helmet, but I have to say, we focus much more on the liability of the person who hit the bicyclist than the comparative negligence of the bicyclist themself. In California, minors have to wear bicycle helmets, but adults do not. I don't know why they made the law that way; I guess adults want to make up their own mind, but we don't trust kids to make up their own mind, so adults often ride without helmets. I don't think that's a good idea, but I think the focus needs to be on, who hurt the cyclist—not on how they could have been a little bit less hurt if they were wearing a helmet.

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