Responsible operation of a bicycle should involve the use of proper safety equipment, including a helmet. Massachusetts requires all cyclists under the age of 16 to wear a helmet whenever riding a bicycle, and recommends that all cyclists regardless of age should also wear one. However, even if you were not wearing a helmet, you may still be able to get compensation with help from a Massachusetts bicycle accident attorney.
Any bicycle accident with a car has several factors playing into who was at fault. If you can prove that, regardless of helmet use, you sustained injury due to the negligence or fault of the car driver, you can still file a successful claim.
There are some factors that the court and your Massachusetts bicycle attorney will take into consideration such as:
Was the other car driver acting in a careless or negligent manner?
Did the motorist violate any of Massachusetts’ traffic laws?
Did you sustain injuries not related to whether or not you were wearing a helmet?
All of these factors will have contributed to your injuries even if you were wearing a helmet and, therefore, you would be entitled to compensation to rectify them. However, your behavior will also affect your compensation. Your overall award may be decreased if you were not wearing a helmet or you may have difficulty securing specific compensation for a head injury.
You most likely would not have too many complications collecting damages for a leg injury or other area a helmet would not protect. A qualified Massachusetts bicycle accident attorney will give you more accurate advice after knowing the specifics of your case.
Contacting a Massachusetts Bicycle Accident Attorney
While a claim for injuries sustained in bicycle accident with a car when you were not wearing a helmet may be difficult to prove, you don’t have to go it alone. For help with your Massachusetts bicycle accident claim, contact Phillips & Garcia to schedule your FREE legal consultation today – 1-877-892-5620.