Cycling alongside traffic is remarkably dangerous, which is why it is a good idea to wear a helmet anytime you get rid of your bike. This does not mean, however, that people who fail to wear helmets and experience traumatic brain injuries in bicycle accidents are not able to obtain compensation. Remember, if you were struck by a motor vehicle driver and you were not wearing a helmet, you can still pursue a personal injury claim. The amount of compensation you can expect to receive from your bicycle accident claim will depend on various factors.
Injuries Caused by Not Wearing a Helmet
Provided they are worn properly, helmets do a tremendous job of protecting a person from head injuries. In some cases, however, helmets outlive their usefulness or become damaged over a series of interactions that reduce their overall effectiveness. Additionally, many bike riders fail to properly secure their helmets, which ends up reducing the effectiveness of the helmets. To complicate matters even further, many bicycle riders decline to wear helmets at all. Given these complications, it is impossible to assess how many lives are saved by wearing helmets.
Bicycle Accident Claim / Challenges Created by New York Law
Under New York’s comparative fault law, a responsible party’s liability is offset by an accident victim’s own liability. If a defendant can establish that a victim’s injury would not have been as severe if they had taken safety precautions like wearing a helmet, the amount that the victim can pursue will ultimately be reduced. If a person was not wearing a helmet or took any other action that caused an accident, it can help greatly to speak with a knowledgeable attorney.
How to Strengthen Your Case if You Were Not Wearing a Helmet
After reviewing how your accident occurred, a skilled bicycle accident lawyer can help you review the facts of your case to determine what evidence can be used to strengthen your argument. Some of the evidence that can be utilized to bolster cases includes:
- Cell phone records
- Dashcam footage of the accident
- Diagnostic images
- Eyewitness reports
- Medical records
- Police reports
- Toxicology reports
Additionally, seeking immediate medical care after your accident will also greatly help to strengthen your case. Not to mention, living with a brain injury caused by not wearing a helmet can create substantial challenges, and immediately obtaining the assistance of a skilled medical professional can greatly help to reduce the risk of such hardships.
Speak with an Experienced Bicycle Accident Lawyer
If you have been injured in a Long Island accident and were not wearing a helmet, it can help to speak with a knowledgeable bicycle accident attorney. Contact the Law Office of Cohen & Jaffe LLP today to schedule a your free case evaluation.
For a free legal consultation, call 516-358-6900