Q: I didn’t wear a helmet. Are my injuries my fault?

A: While helmet use can save lives, there is no law in New York State requiring persons over the age of 14 to wear a helmet while riding a bicycle.

Bicyclists and bicycle passengers under 14 must wear a helmet. If a bicyclist over 14 suffered a head injury after being hit by a car, a court may consider “comparative fault” to determine the distribution of responsibility for the expenses and damages resulting from the injury. The absence of a bicycle helmet doesn’t excuse the automobile driver from his share of responsibility.

The comparative negligence system allocates fault between the parties. Under the comparative negligence system, adopted by most states, a defendant can raise a partial defense, saying that the plaintiff was partially at fault for the accident too.

LaMarche Safranko Law Can Help

If you are are injured in a car accident while walking, jogging or riding a bicycle, you may be entitled to compensation for your medical expenses and other losses. Skilled legal representation can help make sure you are compensated to the fullest extent possible, whether you choose to pursue a personal injury lawsuit or settle out-of-court. If you are injured in the Capital Region – in Albany, Schenectady, Troy, Clifton Park, Saratoga or elsewhere in the Capital District – please call the personal injury lawyers of Lamarche Safranko Law PLLC  for a free consultation.

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