Posted in Uncategorized
If you’ve been injured in a bicycle accident, you might wonder whether wearing a helmet matters for your legal case. The short answer is that it can, but probably not in the way you think. New Jersey doesn’t require adult cyclists to wear helmets. Only riders under 17 must wear them by law. This means if you’re an adult who wasn’t wearing a helmet when a driver hit you, that fact alone doesn’t bar you from recovering compensation.
How Helmet Use Influences Liability
The driver who caused your accident is still responsible for their negligence, regardless of what you were wearing. If someone ran a red light, made an illegal turn, or failed to yield to you in the bike lane, that’s on them. However, New Jersey follows a comparative negligence rule. This means your compensation can be reduced if you’re found partially at fault for your injuries. The question becomes whether not wearing a helmet contributed to the severity of your injuries. For example, if you suffered a traumatic brain injury that a helmet might have prevented or reduced, the insurance company could argue you share some responsibility for the extent of your harm. This doesn’t eliminate your claim, but it could reduce your total recovery.
Regarding Head Injuries
Head injuries are where helmet use becomes most relevant. Medical evidence shows that helmets reduce the risk of serious head trauma in bicycle accidents. If you sustained a head injury while not wearing a helmet, expect the defense to raise this issue. That said, many bicycle accident injuries have nothing to do with head trauma:
- Broken bones and fractures
- Road rash and soft tissue damage
- Internal injuries
- Spinal cord injuries
- Shoulder and collarbone injuries
For these types of injuries, helmet use is essentially irrelevant to your claim. A helmet wouldn’t have prevented a broken leg or crushed pelvis.
The Insurance Company’s Perspective
Insurance adjusters often try to use helmet absence against injured cyclists. They’ll point to the lack of a helmet as evidence of recklessness or carelessness, hoping to reduce their payout. This is where legal representation matters. A Roseland bicycle accident lawyer can counter these arguments by focusing on the driver’s conduct and the actual cause of the collision. The driver’s negligence caused the accident. What you were wearing is a separate question about injury severity.
Children and Helmet Laws
New Jersey law requires cyclists under 17 to wear helmets. If your child was injured while not wearing one, this could complicate the case. However, it doesn’t automatically destroy your claim. The driver who hit your child still acted negligently. The helmet law violation might affect the comparative negligence calculation, but parents can still pursue compensation for medical bills, pain and suffering, and other damages.
Building a Strong Case Regardless of Helmet Use
Whether you wore a helmet or not, the strength of your bicycle accident case depends on proving the driver’s fault. This means gathering evidence like:
- Police reports documenting the scene
- Witness statements from people who saw what happened
- Photos of vehicle damage, road conditions, and your injuries
- Medical records showing the extent of your harm
- Traffic camera or dashcam footage
The Law Offices of David A. DiBrigida focuses on what actually matters in these cases. The facts of the collision, the driver’s actions, and the full impact of your injuries.
Moving Forward After Your Accident
Helmet use is just one factor among many in a bicycle accident claim. It doesn’t determine whether you have a valid case or deserve compensation. What matters most is that a negligent driver caused your injuries and you deserve to be made whole. Don’t let concerns about helmet use stop you from exploring your legal options. Insurance companies will look for any reason to pay less. Having a Roseland bicycle accident lawyer on your side ensures your rights are protected and your case is presented in the strongest possible light. If you’ve been injured in a bicycle collision, reach out to discuss your situation and learn what compensation you may be entitled to receive.
