Can I Receive Damages From a Bike Accident if I Was Not Wearing a Helmet?
Perhaps, yes. There is no doubt that helmet use can significantly decrease a biker’s risk of severe and fatal injuries when bike accidents occur. However, there are times when a cyclist gets injured in an accident when not wearing a helmet. The good news is that you can likely still recover damages in this situation. The not-so-good news is that you may not be able to recover as much compensation as you would have if you wore a helmet.
Are Bike Helmets Required Under Washington Law?
Washington does not have a specific law that requires you to wear a helmet while biking. But this does not necessarily mean it is legal to ride a bike without one. Many counties and cities in Washington have enacted mandatory bicycle helmet laws.
Please note that the King County Board of Health repealed its mandatory helmet law for bicyclists in 2022. Nevertheless, helmet use in the County remains high because of the safety advantages of wearing one.
Can You Still Recover Damages if No Helmet?
You do not have a claim for recovery if you were 100% at fault for causing your accident. But if your percentage of fault was less than 100%, you can likely still recover damages under Washington’s comparative fault laws.
Using the concept of comparative fault (sometimes referred to as comparative negligence), each party is assigned a percentage of fault for the accident. Your percentage of fault will then proportionately reduce the compensation you are eligible to receive for your injuries.
Consider, for example, the case where you were riding a bike with no helmet and you were hit by a motorist. You injured your shoulder and lower back and incurred $15,000 in medical expenses. While the driver was largely at fault for the accident because they were driving recklessly, assume you were 10 percent at-fault for your injuries because you were not wearing a helmet. Here, you would be able to recover $13,500 for your injuries, or 10% less than the total damage amount of $15,000.
Do Comparative Fault Laws Ever Result in No Damages?
Usually, not in Washington. Some states have comparative negligence laws that say a bike accident victim can only receive damages if a defendant was at least 50% or 51% responsible for an accident. But this is not the case under Washington law.
Injury victims can still recover damages provided that they were not 100% to blame for the incident. This means you can still receive compensation for a bicycle accident even if you were 99% to blame for causing it. Please note that such bike accident cases can be difficult, and it’s wise to seek the assistance from a skilled bike accident attorney.
What Types of Damages Can I Recover?
Your damages in a Washington bike accident case usually include compensation for such losses as:
- Pain and suffering,
- Medical expenses,
- Lost wages,
- Lost earning capacity,
- Loss of enjoyment of life,
- Property damage, and
- Scarring or disfigurement.
Questions?
Contact Nelson Injury Law for Help!
If you were injured in an accident, let us shoulder the burden of your case. Your focus should be on healing from your injuries. The skilled injury attorneys at Nelson Injury Law are here to help. Please contact us now for a free consultation.
Eric S. Nelson, owner of Nelson Injury Law, is an experienced trial attorney who will provide you with wise and compassionate legal counsel and representation through each stage of your case. Remember, you pay nothing if we do not win your case.