How Helmet Use During a Bicycle Accident Affects a Lawsuit

Wearing a helmet when riding a bike reduces a person’s risk of brain injuries or/and death in the event of an accident. While wearing a helmet is an excellent injury-prevention measure, the state of Pennsylvania does not mandate that all riders be helmeted.

Thus, if you’re not wearing a helmet at the time of the bicycle accident and were within your legal rights to not do so, then your lawsuit may not be negatively affected. However, if you sustained a head injury, the defense may argue you acted negligently regardless of the helmet law.

Pennsylvania’s Helmet Laws

In Pennsylvania, the only bicycle riders who are required by law to wear helmets are children under 12 years old. For adult riders, then, wearing a helmet is not mandatory. As such, the defense cannot argue that you were in violation of the law by not wearing a helmet, making your negligence harder to prove.

Did you suffer from a head injury?

While you may not have been in violation of the law, something that may be considered in a lawsuit for damages is whether or not you suffered a head injury, and if so, whether or not the head injury would not have been sustained had you been wearing a helmet.

The defense may try to argue that because of the widely known benefits of wearing a helmet, your decision to not wear a helmet while riding was negligent. Furthermore, the defense may argue that your negligence was in part what contributed to the accident.

If this claim can be proven—and you are indeed found partially negligent for your head injury—then your damages amount may be reduced by your percentage of fault.

When Your Injuries are Not Related to Helmet Use

In the event that the injuries that you’ve sustained would have been incurred regardless of whether or not you were wearing a helmet at the time of accident then your use of a helmet should have no effect on your ability to recover your full damages amount during a lawsuit.

Some injuries that should have no relation to helmet usage.

  • Broken leg
  • Road rash
  • Internal injuries

How an Attorney Can Help You

In a negligence-based action for damages, the defense will likely try to pin some blame for the accident, and your injuries, on you. If you weren’t wearing a helmet at the time of a crash and suffered head or brain injuries, this fact may work against you.

To help you prove the fault of the defense and demonstrate that your injuries would have been incurred regardless of your actions, you need a bicycle accident attorney. Cordisco & Saile LLC, is ready to start advocating for you today. Contact using online form now to get started or call 215-642-2335.