Can I File A Bicycle Accident Claim in Tucson, If I Wasn’t Wearing a Helmet?
Ideally, all cyclists would wear helmets whenever they got on the road. Yet there are plenty of cyclists who don’t, in part out of habit. After all, those of us who are a certain age grew up in an era where nobody wore them or thought about them, and tend to think nothing of jumping on a bike without one. If you’ve got any injury in the bicycle accident then, feel free to contact our bicycle accident attorney for a consultation.
We’re not endorsing helmet-free biking, because we believe in them. They can reduce your risk of serious brain injuries by 85% in the event you get into an accident. Arizona is the 5th most dangerous state in the nation for a bike accident, making a helmet even more important here.
Yet even if you failed to wear one, you can, indeed, file a bicycle accident claim.
Bicycle Accident Compensation
We’d encourage you to. First, there are no bicycle helmet laws for adults in Tucson, or in Arizona as a whole. There are bicycle laws for children in Tucson: Pima County and the City of Tucson require all cyclists under the age of 18 to wear a helmet any time they are on the bike.
Second, the driver that hit you still had a duty of care to look out for your safety, and unless you broke traffic laws or took other reckless actions you can still recover compensation for your medical bills, lost wages, pain, and suffering. Of course, you should be sure to review Arizona bicycle laws before you get out on the road.
There is one complication: your settlement award may be somewhat reduced depending on how your case goes. Arizona is a comparative negligence state. The defendant’s insurance company may use your lack of a helmet to assign you some percentage of negligence, like 10% or 15%. While this is a small percentage, your award will be reduced by this amount. If you have a traumatic brain injury you can count on them to try it.
Every percentage point is worth thousands of dollars. And this is why you’re going to want an excellent negotiator on your side. 92% of bicycle accident claims in Tucson are settled out of court. An attorney who can talk down your negligence percentage is an attorney who will help you recover more money after your accident.
This is also true of wrongful death suits involving bicycles. Sadly, fatal accidents are common in cases where the cyclist was not wearing a helmet.
In some cases, you’ll need an even fiercer advocate, one who can take your case into litigation. There is such a thing as a collision. This is between a cyclist and a passenger vehicle where the cyclist was at fault. If your case is found to fit this profile then the driver’s insurance company won’t have to pay you anything. You should expect the defendant’s insurance company to try to place 100% of the blame on your shoulders wherever possible.
Fortunately, Tony Merchant has over 30 years of experience trying cases just like yours.
If you or a loved one has been injured in a bicycle accident, don’t hesitate. Contact us today for a free consultation.