If you’ve been involved in an accident and weren’t wearing a helmet, you might be wondering if you can still pursue compensation for your injuries. California has strict helmet laws. Many people however, don’t realize that you may still have a viable personal injury claim, even if you weren’t wearing one. Here’s what you need to know about California’s helmet laws and their impact on your case.
Understanding California’s Helmet Laws
California enforces helmet laws to help reduce the risk of severe head injuries. Helmets are proven to decrease the likelihood of death and significant brain injuries during accidents. Although the law encourages helmet use, not wearing one doesn’t automatically mean you lose your right to seek compensation.
Here’s a breakdown of California’s helmet usage laws:
- Motorcyclists: All motorcycle riders and passengers, regardless of age, are required to wear helmets that meet federal safety standards.
- Bicyclists: Riders under the age of 18 must wear a helmet, including passengers in bicycle trailers.
- E-Bikes:
- Class 1 and Class 2 E-Bikes: Only riders under 18 are required to wear helmets.
- Class 3 E-Bikes: All riders, regardless of age, must wear a helmet on public roads.
- Electric Scooters: Riders under 18 must wear a helmet.
How Not Wearing a Helmet Could Affect Your Claim
The lack of a helmet doesn’t necessarily prevent you from pursuing a personal injury claim. However, it could impact your compensation if your injuries involve your head or neck. California follows a pure comparative negligence system. This means that if your failure to wear a helmet worsens your injuries, your compensation could be reduced.
For example, if you were riding a motorcycle and were involved in a crash caused by a speeding driver, the court may determine that not wearing a helmet made your injury 15% worse. In this case, if your original compensation was $100,000, it could be reduced to $85,000.
The key takeaway is that the negligence of the other party involved in the accident will still be the most important factor in your case, and you should not hesitate to pursue your claim.
Common Head Injuries in Helmet-Related Accidents
When helmets aren’t worn, head injuries are common and can have long-lasting effects. Some of these injuries can lead to permanent consequences, including:
- Concussions: Brain trauma can result in headaches, memory loss, and dizziness.
- Traumatic Brain Injuries (TBIs): These injuries can cause lasting changes in mood, movement, and cognitive abilities.
- Skull Fractures: These injuries may require extensive medical care and can lead to serious complications.
When Not Wearing a Helmet Won’t Affect Your Claim
In some cases, not wearing a helmet may not impact your ability to claim compensation for your injuries. Here are a few scenarios where the absence of a helmet likely won’t affect your case:
- Injuries Unrelated to the Head or Neck: If you’ve sustained injuries to other parts of your body, such as broken bones or soft tissue damage, the absence of a helmet typically won’t have any bearing on your claim. For example, if you suffer a broken wrist in an accident caused by a distracted driver, the fact that you weren’t wearing a helmet won’t affect your compensation.
- Accidents Caused by Another Party’s Negligence: If the accident was caused by someone else’s negligence—such as a rear-end collision while you were stopped—the fact that you weren’t wearing a helmet won’t likely affect your claim. Insurance companies may still attempt to use the lack of a helmet as leverage, but this is something that can be addressed during the claims process.
Don’t Let Helmet Laws Discourage You from Seeking Compensation
If you’ve been involved in an accident and weren’t wearing a helmet, it’s important to understand that you may still have a case. While helmet usage is crucial for safety, California’s laws still allow you to seek compensation for injuries without one. Whether you suffered head, neck, or other types of injuries, the key is to focus on the negligence of the other party.
At TraumaLaw, we’re here to help you navigate your personal injury claim. If you’ve been in an accident, don’t let uncertainty about helmet laws stop you from seeking the compensation you deserve. Call us today at 866-608-3601 to discuss your case and get the legal support you need.
