Because bikes do not offer much protection from the impact of a collision, accidents involving bicyclists can result in devastating injuries. Wearing a helmet can provide some protection and reduce the occurrence and severity of certain types of head injuries. However, you may be wondering how your legal claim to recover compensation might be impacted if you were not wearing a helmet at the time of an accident.
Working with a local attorney from AW Smith, who understands Rolla bicycle helmet laws, could be critical to the success of your lawsuit. Our skilled bicycle crash attorneys could help you navigate the complex legal system and secure the compensation you deserve.
While bike helmets cannot prevent all types of injuries, they can be very effective at reducing the risk and severity of certain types of head and brain injuries that might otherwise be fatal.
Under state law, wearing a helmet is not mandatory for cyclists. However, some municipalities and counties have laws mandating helmets for people below a certain age. Additionally, while some cities have helmet laws, the consequence of violating them is only a minor monetary fine, and they are not always observed by cyclists.
Regardless of whether you were wearing a bike helmet at the time of your crash, if you complied with relevant Rolla laws, you have the right to pursue compensation for your losses. Our dedicated legal team from AW Smith could help you determine your legal options.
Not wearing a helmet at the time of an accident could affect the amount of damages you recover from a lawsuit. State courts operate with a comparative fault system, and while your failure to wear a helmet might not have caused the accident itself, it could have contributed to the severity of your injuries. The defendant and their insurance company could argue that you should not be entitled to damages for your head injuries because you chose not to wear a protective device that could have lessened the likelihood and severity of injury.
However, the comparative fault system may still allow you to pursue your legal claim and collect damages, with the amount you recover being reduced in proportion to your degree of fault. For instance, if a court decides that by not wearing a helmet, you were 25 percent to blame for your injuries, you would receive 25 percent less in damages.
The skilled lawyers from AW Smith could help you build a case against a negligent driver. Our Rolla attorneys know how to fight defendants and their insurance companies who try to use bike helmet regulations to deny or reduce liability.
Wearing a helmet could greatly reduce the likelihood and severity of head injuries in a bicycle accident. However, there are no Rolla bicycle helmet laws requiring you to wear a helmet, meaning your failure to do so should not bar you from pursuing a lawsuit. Contact the seasoned attorneys at AW Smith Law today for a free initial consultation to discuss your options.
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