How Helmet Laws and Helmet Use Affect Motorcycle and Bicycle Accident Claims Informative

Denver Bicycle Accident Attorney Outlines Why Wearing a Helmet is Important

Those without helmets are three times more likely to suffer a brain injury than those who do wear a helmet. In addition, helmet laws can affect one’s bicycle accident claim. Those who refuse to wear one can be deemed negligent, which can affect a lawsuit. A Denver bicycle accident attorney can provide you with more details.

Many states have helmet laws for those who ride bicycles and motorcycles, and for good reason. In a major accident, a helmet can protect one’s head and mean the difference between life and death.

How Not Wearing a Helmet Affects Your Case

If helmets are required in your state, but you refuse to wear one and are involved in an accident, your failure to wear a helmet is critical in your bicycle accident claim. If you suffered injuries as a result of the accident, you could be charged as negligent and contributing to your injuries by not following laws and being reckless about your safety.

In some states, this is considered contributory negligence, which may prevent you from receiving any compensation for your injuries. If you do receive any compensation, the amount will be reduced because of the negligence on your part.

Possible Scenarios

Overall, the compensation you can receive in your bicycle accident claim will depend on:

  • whether or not you wore a helmet;
  • whether or not your state has helmet laws; and
  • the types of injuries you suffered.

A Denver bicycle accident attorney can help you determine liability and negligence. If you wore a helmet and suffered no head injury then negligence does not play a significant role in his scenario because you suffered no head injuries.

If you suffered a head injury even though you wore a helmet, it shows that the injuries could have been much worse had you not worn a helmet. Plus, because you followed the helmet law, you cannot be charged as negligent.

Legally, if you did not wear a helmet but suffered bodily injury that was not the head, it does not matter that you did not wear a helmet because you suffered no head injuries anyway. The helmet would not have prevented your other injuries.

Even if your state has no helmet law, you can still be held liable for your injuries if you did not wear a helmet and sustained head injuries because a helmet would have prevented your head injuries. So, because you did not wear a helmet, it can be considered negligent on your part.

Contacting a Lawyer

If you have questions about how helmet use can affect a motorcycle or bicycle accident claim, you need advice from a qualified attorney. Contact Denver bicycle accident attorney D.J. Banovitz today at (303) 300-5060. We have some reading material available on our site free of charge, such as: 7 Costly Mistakes that can Ruin Your Colorado Injury Case.