Bicycle Accident Lawyer Green Tree

Bicycle accidents can cause serious injuries, leaving victims in need of strong legal representation. If you’ve been injured while riding your bike in Green Tree, Porta-Clark & Ward are here to protect your rights. Our skilled bicycle accident lawyers will fight to hold negligent drivers accountable and help you recover the compensation you need. Call (412) 921-7350 for a free consultation today.

Understanding the Role of Helmet Laws in Bicycle Injury Claims

Bicycle accidents can result in serious injuries, and in some cases, they can be life-threatening. Helmets are widely recognized as an essential safety measure for cyclists, and many states have implemented helmet laws to protect riders. In the event of a bicycle accident, these laws can play a significant role in determining liability, the severity of injuries, and the compensation that a cyclist may be entitled to.

Helmet Laws and Their Purpose

The primary purpose of helmet laws is to reduce the risk of head injuries in bicycle accidents. Helmets are designed to absorb the impact of a fall or collision, which can prevent or lessen traumatic brain injuries (TBIs), skull fractures, and other serious conditions. In many places, these laws require cyclists to wear helmets while riding, particularly minors or certain age groups.

Each state has its own specific rules regarding helmet use. In Pennsylvania, for example, cyclists under the age of 12 are required to wear helmets while riding, but there is no state-wide law that mandates helmet use for adults. This means that while young riders must adhere to helmet laws, adults have the freedom to choose whether or not to wear one.

How Helmet Laws Affect Bicycle Injury Claims

When it comes to bicycle injury claims, helmet laws can influence both the legal strategy and the outcome of the case. Here’s how they play a role in determining liability and damages:

Contributory Negligence and Comparative Fault

In Pennsylvania, the concept of comparative fault applies to personal injury claims. This means that if you are partially responsible for your injuries, your compensation may be reduced based on your degree of fault. If a cyclist is involved in an accident and was not wearing a helmet, the defendant or their insurance company might argue that the cyclist’s failure to wear a helmet contributed to the severity of their injuries.

For example, if the cyclist suffers a serious head injury in an accident and did not wear a helmet, the opposing party might claim that wearing a helmet could have minimized the injury. In this case, the jury could decide that the cyclist shares some responsibility for their injury, even if the other party was primarily at fault for the accident.

While Pennsylvania operates under comparative fault laws, meaning you can still recover damages even if you are partially at fault, not wearing a helmet could reduce the amount of compensation you receive. The more severe your injuries are due to not wearing a helmet, the more likely it is that the insurance company or defense attorney will use your failure to wear a helmet as a factor in reducing your award.

Helmet Use and Injury Severity

In some cases, the severity of the injury itself can be central to the claim. Insurance companies may argue that a cyclist’s injuries would have been less severe if they had been wearing a helmet. In situations where the cyclist has suffered a brain injury or skull fracture, this argument may be more compelling.

However, it’s important to remember that the presence or absence of a helmet doesn’t automatically determine the severity of an injury. Some injuries are so severe that they occur regardless of whether the cyclist was wearing a helmet. In these situations, the focus of the claim will likely shift back to the primary cause of the accident and the other party’s negligence, such as reckless driving or failure to yield.

Helmet Laws and Damages

In addition to contributory negligence arguments, helmet laws can impact the amount of damages a cyclist is entitled to receive. If a defendant argues that a cyclist’s failure to wear a helmet contributed to the injuries, this could influence the calculation of damages, particularly when it comes to pain and suffering or other non-economic damages.

If it can be shown that the cyclist’s injury would have been less severe had they been wearing a helmet, the defendant may argue that the cyclist is entitled to less compensation for their pain, suffering, and other emotional or mental distress. In extreme cases, this could even result in a reduced financial settlement.

On the other hand, if the accident itself was caused by the negligence of another party—such as a distracted driver, faulty bike equipment, or unsafe road conditions—the presence or absence of a helmet may not impact the overall compensation the cyclist is entitled to. In these cases, the focus is primarily on the liability of the other party, not the cyclist’s failure to wear a helmet.

Why Helmet Laws Should Not Be the Only Focus

While helmet laws play an important role in reducing the risk of severe injuries, they should not be the only focus when pursuing a bicycle injury claim. The responsibility of other parties involved in the accident is critical to the case. Factors such as:

  • Driver Negligence – Did the driver fail to yield, run a red light, or drive distractedly?
  • Road Conditions – Were there hazards on the road, such as potholes, debris, or poor signage?
  • Vehicle Equipment – Was the bicycle in proper working condition, or were there defects in the bike that contributed to the crash?

All of these elements are critical to understanding who is at fault and determining the compensation the cyclist is entitled to. A strong injury claim should not be based solely on whether the cyclist was wearing a helmet. Instead, the focus should be on the actions of the parties involved and the conditions that led to the accident.

A Bicycle Accident Attorney Committed to Your Justice

A bicycle accident in Green Tree can leave you with serious injuries and financial burdens, but you don’t have to navigate this difficult time alone. If you’ve been injured in a bicycle accident, it’s essential to have a knowledgeable attorney by your side who can help you navigate the complexities of your case. Porta-Clark & Ward are here to help you get the justice and compensation you deserve. Contact an experienced bicycle accident attorney today at (412) 921-7350 for a free consultation.