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Claims for Damages Filed by Bicycle and Motorcycle Riders not Wearing Helmets

Nov 29, 2019 | Bicycle Accidents, Initial Consultation

Lawyer Zachary Goncalves

Personal Injury Lawyer

A helmet plays an integral role in keeping bicycle riders and motorcycle riders safe and minimizing instances of injuries in an accident. According to Ontario law, all motorcycle operators and their passengers must wear helmets. This law does not extend to include bicycle riders. However, all bicycle riders younger than 18 years are required by law to wear a helmet.

Claims for Damages Filed by Bicycle and Motorcycle Riders not Wearing Helmets

A helmet plays an integral role in keeping bicycle riders and motorcycle riders safe and minimizing instances of injuries in an accident. According to Ontario law, all motorcycle operators and their passengers must wear helmets. This law does not extend to include bicycle riders. However, all bicycle riders younger than 18 years are required by law to wear a helmet.

Needless to say, it is advisable for all cyclists to wear a proper helmet. Wearing a helmet protects the rider’s head from potential injury. Importantly, failure to wear a helmet could negatively impact your personal injury claim for compensation against the at-fault parties responsible for your injuries.

Wearing a helmet can minimize the severity of accidents in a road crash

Studies have proved that there is a correlation between wearing a helmet when riding and a decrease in the severity of head injuries sustained by bicycle and motorcycle riders. According to a recent report, using a helmet while cycling could reduce injury rates by 67 percent and fatalities by 37 percent.

A helmet protects your head by absorbing part of the impact sustained when your head hits the ground or against any other hard surface. However, both motorcycle bicycle helmets cannot protect the wearers from concussions. Note that the primary cause of concussions is the sudden movement of the brain within the skull as a result of an impact, especially if your head hits a hard surface.

Failure to wear a helmet could hurt your personal injury claim

If you were injured in a collision caused by another person’s negligence, the law allows you to seek damages. The law requires you to prove on the balance of probabilities that the at-fault party was indeed responsible for the crash. With the help of a lawyer, you can prove that the defendant owed you a duty of care, breached that duty, and as a result, you suffered significant injuries.

Your lawyer must prove that the accident was the direct cause of your injuries, and thus, you deserve compensation. Failure to wear a helmet while riding a bicycle or motorcycle cannot prevent you from seeking damages. However, it can reduce the amount of compensation you are likely to be awarded in court. Particularly, failure to wear a helmet can raise concerns with respect to contributory negligence and proving causation for your injuries. It is, therefore, in your best interest to retain the services of an experienced personal injury lawyer to prosecute your claim.

Seek legal help

There’s no personal injury case that’s straightforward. The defendant’s insurer will try to get your claim dismissed or deny to compensate you fairly. If you suffered severe injuries during the crash, you shouldn’t have to pursue the claim on your own. Hiring an experienced lawyer will provide you with peace of mind. Also, the lawyer can help gather the right pieces of evidence, build a strong case, and help you file your injury claim on time with properly drafted pleadings. Remember, you should choose your lawyer carefully to ensure reliable legal counsel and representation.