Can You Get Compensation for Injuries if You Were Not Wearing a Helmet?
Bicycle accidents can cause severe injuries; wearing a helmet is one of the most important safety measures a cyclist can take. But what happens if a rider wasn't wearing a helmet at the time of the accident? Does this mean they can't claim compensation for their injuries?
This question is critical for many cyclists, particularly in Ohio, where laws and regulations regarding helmet use, negligence, and compensation can be complicated.
At Diehl & Hubbell, LLC, we understand how overwhelming the aftermath of a bicycle accident can be, and we aim to eliminate as much confusion as possible. As a premier auto accident and injury law firm in Lebanon, Cincinnati, and Southwest Ohio, we will use our knowledge and experience to get the best possible result for you.
Let's explore the legal ramifications of bicycle accidents involving riders without helmets, the potential for compensation, and the key factors that can influence a claim.
Ohio's Bicycle Helmet Laws
Ohio doesn’t have a statewide law requiring adult cyclists to wear helmets. However, some local jurisdictions within the state may have ordinances mandating helmet use for individuals under 18. Cyclists should check their local laws to determine whether they are required to wear a helmet. While the law might not always compel helmet use, the decision to wear a helmet remains a personal safety choice.
Although there’s no helmet mandate for adults in Ohio, cyclists injured in accidents may encounter additional challenges if they weren’t wearing one. This is especially important when assessing liability and determining compensation following a bicycle accident.
If you’ve been injured in a bicycle accident and weren’t wearing a helmet, you should understand the potential impact this may have on your legal case.
Negligence in Bicycle Accident Claims
To understand whether you can receive compensation for your injuries after a bicycle accident while not wearing a helmet, let's look at the legal concept of negligence.
Negligence refers to the failure of one party to exercise reasonable care, resulting in harm or injury to another party. In the context of bicycle accidents, negligence can occur in many ways, including:
A motorist failing to yield the right-of-way to a cyclist
A cyclist running a red light or failing to follow traffic laws
A city or municipality failing to properly maintain bicycle lanes
A defective bicycle causing an accident
In any of these situations, the at-fault party could be responsible for the injuries resulting from the accident. But what happens if the cyclist wasn't wearing a helmet at the time of the accident?
Comparative Negligence in Ohio
Ohio follows a comparative negligence system in personal injury claims, including bicycle accidents. Under comparative negligence, the fault for an accident can be divided among the parties involved based on their degree of responsibility.
For example, if a cyclist is injured in an accident caused by a motorist, but the cyclist was also partially at fault for not following traffic laws or wearing a helmet, their compensation might be reduced by their percentage of fault.
For example, if an insurance company or jury determines that your decision not to wear a helmet contributed to the severity of your injuries, they might reduce the compensation you receive. The reduction in compensation would depend on the degree to which your failure to wear a helmet was deemed to be a contributing factor in your injury.
The Impact of Not Wearing a Helmet on Injury Severity
A significant concern regarding the absence of a helmet during a bicycle accident is the potential for severe head and brain injuries. Helmets are designed to protect cyclists from traumatic brain injuries (TBI), skull fractures, and other head-related injuries in an accident. Without a helmet, the risk of these types of injuries increases.
In a personal injury case involving a bicycle accident, the severity of the injuries plays a key role in determining the amount of compensation a victim is entitled to. If a cyclist suffers more severe injuries because they weren’t wearing a helmet, this could potentially reduce the amount of compensation awarded.
Conversely, if the injuries would have been severe regardless of helmet use, the absence of a helmet may have less impact on the claim.
Medical Evidence and Expert Testimony
In cases where the rider wasn’t wearing a helmet and suffered significant head injuries in a bicycle accident, medical evidence and expert testimony can determine the impact of the lack of a helmet.
For example, medical experts may testify about the likelihood of specific injuries occurring with or without a helmet. This testimony can establish whether the lack of helmet use directly caused the severity of the injuries or if other factors were more significant in causing the harm.
If you weren’t wearing a helmet during a bicycle accident and suffered head or brain injuries, you need an experienced personal injury attorney who can gather relevant medical evidence and expert testimony to support your claim.
Proving Liability in Bicycle Accidents
To obtain compensation for your injuries after a bicycle accident, you must prove that the other party (whether it's a motorist, a municipality, or another cyclist) was at fault for the accident. This requires demonstrating that their actions (or inaction) directly led to the crash and your subsequent injuries.
If you weren’t wearing a helmet, the defendant may argue that your decision not to wear one contributed to the severity of your injuries, but this doesn’t automatically mean you can’t receive compensation. The key factor in such cases is whether the other party's negligence caused the accident.
For example, if a motorist struck you while texting and driving, their negligence in not paying attention to the road would likely still be the primary factor in the crash, regardless of whether you were wearing a helmet.
Your attorney can help gather evidence such as police reports, eyewitness testimony, traffic camera footage, and accident reconstruction analysis to establish liability and strengthen your claim.
Can You Still Receive Compensation for Bicycle Accidents if You Weren’t Wearing a Helmet?
Yes, you can still seek compensation for injuries sustained in a bicycle accident even if you weren’t wearing a helmet. However, your compensation may be reduced due to comparative negligence, as failing to wear a helmet could be considered a contributing factor to your injuries.
It’s important to consult with a personal injury attorney who has experience helping victims of bicycle accidents. They can evaluate your case and assess whether the other party’s actions were the primary cause of the accident and how the lack of a helmet may have impacted your injuries.
Contact an Experienced Personal Injury Attorney
If you’ve been injured in a bicycle accident in Ohio, it’s essential to consult with a personal injury attorney who can help you work through the claims process. Whether you were wearing a helmet or not, you have legal rights, and Diehl & Hubbell, LLC is here to fight for them. We serve clients throughout Southwestern Ohio, including Warren County, Clinton County, Highland County, Clermont County, and Butler County. Call our office today to schedule a consultation.