Maison Law Accident & Injury Lawyers of Fremont represent victims of bicycle accidents in Fremont. If you or a loved one has been injured in a bicycle accident in Fremont without wearing a helmet, you are still entitled to compensation. For expert legal representation and advice concerning your bicycle accident, contact Maison Law Accident & Injury Lawyers of Fremont today for a free consultation and case evaluation.
Can a Lawyer Help Me in a Fremont Bicycle Accident if I Wasn’t Wearing a Helmet?
Cases where bicyclists are injured in an accident without wearing their helmets typically result in the bicyclist losing some of the financial compensation they are owed by violating California bicycle helmet law. According to California Vehicle Code 21212, any child under the age of 18 in California must wear a helmet when riding or operating a non-motorized scooter, bicycle, roller skates, or skateboard. This law also includes passengers, regardless if an adult is present or not.
In the case where the rider is over 18 and sustains injuries in an accident without wearing a helmet, the biker can be partially to blame for subsequent head or brain injuries. While this doesn’t excuse the defense entirely from liability, it will reduce the amount of compensation the injured biker can claim for their injuries. For that reason, it is recommended to contact a personal injury attorney at Maison Law Accident & Injury Lawyers of Fremont. We have years of experience in reducing injured bicyclist’s liability, and in some cases, we’ve removed liability entirely.
If you’ve been injured in a bicycle accident, the best way to protect yourself is to contact us today even if you feel you were at fault for your injuries.
How Does Comparative Fault Work in a Fremont Bicycle Accident?
California law covers liability through comparative fault, also known as comparative negligence. California is a pure comparative negligence state. Comparative negligence allows an injured party who shares fault for their injuries to receive compensation, a legal action covered by the Comparative Negligence Law, which states:
“Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”
So, even if you were partially at fault for your injuries in a bicycle accident without a helmet on and suffered a head injury, you would still reserve the right to compensation.
Bicycle Helmet Safety
Wearing a bicycle helmet is not only the best way to protect yourself from liability if you’re in an accident, but it’s also the best way to prevent serious and fatal head injuries. In 2016, according to the National Highway Traffic Safety Administration, over 800 bicyclists were killed in roadway accidents across the United States. The majority of fatal accidents occur due to lack of head protection as bicycle helmets are specifically used to reduce serious head and brain injuries, seeing as they’re the only things protecting rider’s heads from the asphalt.
Studies have shown that bicycle helmets reduce the odds of head injuries by 50%, and the odds of injuries to the neck and face by 33%. Even if you are over the age of 18, it is strongly recommended to wear a helmet as a staggering 87% of all bicycle accident fatalities involve adults 20 years of age and older.
Common Bicycle Accident Injuries in Fremont
Medical professionals are no strangers to bicycle accident injuries. According to the American Academy of Family Physicians, bicycle injuries account for 1.2 million doctor visits and 580,000 emergency visits per year. Although collisions with motor vehicles only involve a minority of bicycle accidents, they’re most responsible for the majority of injuries and fatalities. The most common bicycle accident injuries include:
- Brain injury: brain injuries are far more likely when bicyclists fail to wear their helmets. Although a helmet will not entirely protect you against a 3,000-pound vehicle, it can still reduce the risk of serious brain injury. According to the Insurance Institute for Highway Safety, 62% of all fatal bicycle accidents involved bikers without helmets.
- Facial injury: bicycle injuries typically involve facial injuries due to the lack of protection on a rider’s face. Common facial injuries include:
- Broken jaw bone
- Missing teeth
- Fractured cheekbones
- Damaged eye sockets
- Spinal cord injury: considered one of the most dangerous injuries, spinal cord damage can most likely become permanent, affecting the entire body. A blunt hit to the spinal cord can cause:
- Loss of movement
- Loss of sensation
- Loss of bladder control
- Difficulty breathing
- Trouble with balance and walking
What is the Typical Compensation for a Bicycle Accident in Fremont?
A bicycle accident settlement is the most effective recourse to pursuing justice for the damages done to your life due to the carelessness of a reckless driver. However, every accident is different, so there is no average amount of compensation bicycle accident victims can expect to receive. Compensation can be determined by the severity of your damages. Damages are calculated based on your economic damages and non-economic damages, which include:
- Present and future medical expenses
- Loss of income, as well as the reduction in your earning capacity you’ve suffered from your accident
- Cost of living with your injury, such as making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
- Damage done to your proposed a percentage of blame for the accident, thus reducing the amount of compensation by that specific percentage.
- Pain and suffering caused by your injuries
- Stress and anxiety due to the nature of your accident
Other factors that will impact the value of your settlement include:
- Your age and earning potential: the lost income is reached by combining the victim’s life expectancy and their earning potential if the accident has rendered you unable to work.
- Insurance policy limits of the at-fault party: drivers are required to have insurance and most do. However, most car insurance policies have caps. So, if the cap is met, then you’ll have to resort to other alternatives to get the necessary compensation. rty during the accident
- Whether or not you’re found partially responsible for the accident: California is a “shared fault” state and accident victims can be assigned a percentage of the blame, reducing their overall settlement
Contact a Bicycle Accident Lawyer in Fremont
If you or a loved one have been injured in a bicycle accident in Fremont, the bicycle accident attorneys of Fremont can get you the compensation you need to recover from your physical, mental, and financial damages. Our firm has years of experience in liability law and will aggressively pursue a successful outcome for your personal injury claim. Contact Maison Law Accident & Injury Lawyers of Fremont today for a free consultation and case evaluation. There is no charge for our services and you will not be charged a cent until we’ve won your case.