Cycling is an increasingly popular transportation and recreational activity, offering numerous health and environmental benefits. However, with the rise in cycling comes an increased risk of accidents and injuries, many of which involve head trauma.
In such cases, helmets can significantly determine liability and compensation in bicycle accident claims. Find out more about the role of helmet use in these claims below.
Helmet Use and Comparative NegligenceÂ
In many bicycle accident cases, comparative negligence comes into play, allocating fault between the parties involved.
Assessing Fault and Contributory NegligenceÂ
Suppose a cyclist was not wearing a helmet during the accident. In that case, the defense may argue that the cyclist contributed to their injuries by failing to take reasonable precautions. This could reduce the damages awarded, as the cyclist may be deemed partially responsible for the extent of their injuries.
Mitigating Factors and ExceptionsÂ
It is essential to note that the absence of a helmet does not automatically preclude the cyclist from recovering damages. Other factors, such as the nature of the accident, the actions of the different parties involved, and the specific circumstances, may mitigate or override the contributory negligence argument.
Helmet Use and Injury SeverityÂ
One of the primary considerations in bicycle accident claims involving head injuries is the potential impact of helmet use on the severity of the injuries sustained.
Protective Benefits of HelmetsÂ
Numerous studies have demonstrated the efficacy of helmets in reducing the risk of severe head injuries, such as traumatic brain injuries (TBIs) and skull fractures. By absorbing and dissipating the impact forces, helmets can significantly decrease the likelihood of life-altering or fatal injuries.
Helmet Standards and Proper UsageÂ
It is also essential to consider the specific helmet standards and proper usage guidelines when evaluating the role of helmets in bicycle accident claims.
Helmet Certification and ComplianceÂ
Only helmets that meet recognized safety standards and are correctly fitted and worn according to manufacturer instructions can provide the intended level of protection. Factors such as helmet age, condition, and appropriate use may be scrutinized to determine if the helmet was adequate and correctly utilized.
Safeguard Your Rights in Boulder, CO
Understanding helmet use in bicycle accidents is crucial for protecting your rights and securing fair compensation.
If you’ve been involved in a bicycle accident in Boulder, Fort Collins, Longmont, or Loveland, CO, don’t navigate the complex legal landscape alone. Call Jeffress Law at (303) 993-8685 today to schedule a consultation and learn how we can help you achieve the best possible outcome.
