You can still file a claim if you were not wearing your helmet at the time of impact. But, there are some key points to keep in mind:
- Adults are not legally required to have on a helmet when riding a bike in California. So, if you were involved in such an accident as an adult, you can still secure compensation.
- Minors, on the other hand, must have on a helmet when using a bicycle. Failing to do so will be in violation of California Vehicle Code 21212. This can result in a punishable fine. Furthermore, the defendant may argue that the minor’s negligence contributed to their injuries, thus reducing the amount of compensation granted under the state’s comparative negligence rule.
- Regardless of age, if you suffered injuries that did not involve your head or brain, failing to have on a helmet may be irrelevant to your case.
To sum it up, a helmet can influence what you recover, especially if you sustained a head or brain injury. But, it does not stop you from filing a claim.
