Skip to content


Can I Pursue a Bicycle Crash Claim if I Wasn’t Wearing My Helmet?

Understanding California Laws on Bicycle Helmets

In California, it is a legal requirement for cyclists aged 18 and under to wear protective helmets while riding. Many people don’t realize that even if they weren’t wearing their helmets at the time of the crash, they still have legal rights. If you have been involved in a bicycle accident in California, you may be wondering whether or not you are eligible to pursue a claim – and if so, what kind of compensation could be available.

This blog post will examine the details and specifics surrounding bicycle crash claims when helmets were not worn and explain how an experienced personal injury attorney can help with your case.

The Doctrine of Comparative Negligence

Comparative negligence evaluates the responsibility of each party in a personal injury claim. It allows insurance companies and courts to consider how much carelessness contributed towards causing harm, so they can fairly decide who should be responsible for losses and damages. Under comparative negligence, even if the plaintiff was partly responsible for causing the accident or their injuries, they could still recover damages from those responsible for their injury or loss—as long as they are less than 50% responsible. That means even if you weren’t wearing your helmet during your crash and/or failed to follow traffic laws or exercise caution while riding your bike, you could still seek compensation from any other party who contributed to or caused your accident.

Bicycle Accident Claim Filing Deadlines

In California, the statute of limitations to file a bicycle accident claim in most instances is two years from the accident date. For wrongful death claims, the plaintiff (usually a family member) must file a personal injury claim within two years of the date of the victim’s death. It’s critical for bicycle accident victims to seek legal advice about specific filing deadline requirements for their particular case as soon as possible. Missing deadlines could mean leaving compensation on the table.

Contact a Bicycle Accident Lawyer in San Jose Today

Even if you weren’t wearing a helmet during your bicycle accident in California, it doesn’t mean that you have to bear the brunt of any injuries or losses. You still may have legal recourse against anyone who acted negligently or whose actions contributed to the incident. It is crucial to speak with an experienced personal injury lawyer who can help protect your rights and fight for fair compensation for victims of bicycle crashes.

Contact Caputo and Van Der Walde – Injury & Accident Attorneys at (800) 900-0863 or fill out thisshort formto schedule a free consultation today.