Wearing a helmet for riding a bike is a practical safety measure to ensure you do not suffer any head injuries in the event of a sudden accident. However, many bicyclists don’t wear a helmet for convenience and while it is acceptable in many cases, but in the event of an accident, it can raise some issues with the insurance company.
For context, if you have been involved in a bicycle accident and were not wearing a helmet, you may still recover compensation. However, helmet use can become an issue when an insurance company evaluates an injury claim, because an insurer may argue that wearing a helmet could have reduced the severity of the injuries and attempt to use California's comparative negligence rules to reduce compensation.
Are Bicycle Helmets Required in California?
California's bicycle helmet requirements depend primarily on the rider's age and, in some cases, the type of bicycle being operated. Under California Vehicle Code § 21212, a person under 18 must wear a properly fitted and fastened bicycle helmet while riding a bicycle on a street, bikeway, public bicycle path, or trail.
The helmet must also comply with applicable ASTM or U.S. Consumer Product Safety Commission standards. That means an adult riding a conventional bicycle without a helmet generally is not violating California's statewide bicycle helmet statute simply by riding helmetless.
What About Electric Bicycles?
When it comes to electric bicycles, different rules do apply, because under California Vehicle Code § 21213, riders and passengers on a Class 3 electric bicycle must wear a properly fitted and fastened bicycle helmet and prohibits a person under 16 from operating a Class 3 e-bike.
This distinction can be important after an accident, because a 35-year-old riding a traditional road bicycle and a 35-year-old riding a Class 3 e-bike may be subject to different helmet requirements even though both are adults.
Does Not Wearing a Helmet Make You At Fault for a Bicycle Accident?
There is an important difference between causing an accident and contributing to the severity of an injury after an accident occurs. Suppose a driver turns across a bike lane without checking and hits a cyclist, throwing them off of their bike. The fact that the cyclist was not wearing a helmet does not explain why the driver turned into the cyclist's path.
Liability for the collision would instead depend on the evidence showing how the accident occurred and whether the driver, cyclist, or another party acted negligently. Therefore the key issue is not simply, "Were you wearing a helmet?" It may be, "Did the absence of a helmet actually contribute to the injuries for which compensation is being sought?"
Can an Insurance Company Reduce Your Settlement Because You Weren't Wearing a Helmet?
An insurance company may attempt to make this argument, particularly when a cyclist suffers a traumatic brain injury, skull fracture, concussion, or another head injury. California follows a pure comparative negligence system established by the California Supreme Court in Li v. Yellow Cab Co and under this system, if an injured person was partially responsible for the accident then their awarded compensation may be reduced according to the percentage of fault.
With that in mind, an insurance company cannot establish a percentage of fault simply by pointing out that the cyclist was not wearing a helmet, because there must be a connection between the cyclist's conduct and the damages being claimed. If the insurance company cannot make that correlation then they cannot reduce your settlement just because you didn’t wear a bike helmet.
What If a Child Wasn't Wearing a Bicycle Helmet?
Claims involving injured children require additional consideration because California law specifically requires cyclists under 18 to wear helmets. Under Vehicle Code § 21212, a person under 18 must wear an approved helmet while riding a bicycle and any violation of this rule results in a fine of up to $25.
However, violating the helmet requirement does not automatically eliminate an injured child's right to compensation. California's comparative-fault system generally focuses on the extent to which conduct actually contributed to the harm. Therefore, the circumstances surrounding the child's injuries still matter.
What Should You Do If an Insurance Company Blames You for Not Wearing a Helmet?
Do not assume the insurance company's position accurately reflects California law, because insurers have a financial incentive to minimize the amount paid on a claim. An adjuster may emphasize the lack of a helmet even when the driver caused the collision or when helmet use has little relationship to the injuries being claimed.
After a serious bicycle accident, consider taking the following steps:
Seek medical treatment- Medical records can document the injuries and establish their relationship to the accident.
Preserve accident evidence- Save photographs, videos, damaged clothing, bicycle components, GPS data, and other relevant evidence.
Identify witnesses and cameras- Nearby homes, businesses, vehicles, and intersections may have recorded the collision.
Avoid speculating about your injuries- Statements such as "I probably wouldn't have been hurt if I had worn a helmet" can be taken out of context during an insurance claim.
Document your losses- Keep medical bills, wage records, repair estimates, receipts, and other records associated with the accident.
Consider speaking with a bicycle accident attorney before accepting a settlement- This can be particularly important when an insurer is attempting to assign comparative fault based on helmet use.
Speak With a Bicycle Accident Lawyer From Frank Penney Injury Lawyers Today
Not wearing a bicycle helmet does not automatically prevent you from recovering compensation after an accident in California. Instead, the central questions of an accident should be who caused the collision, what injuries resulted from it, and whether the absence of a helmet actually contributed to those injuries.
If you were injured while cycling, a bicycle accident attorney from Frank Penney Injury Lawyers can investigate the collision and negotiate with insurance companies to ensure your rights are protected.
Contact our firm at 888-888-0566 or by filling out our online contact form today for a free consultation.