While wearing a helmet is always a good idea, whether or not it affects your
personal injury claim depends on the laws in your city and the injuries you’re claiming.
If you didn’t suffer a head or neck injury, the fact that you were
or were not wearing a bike helmet is irrelevant to the case. While it
may demonstrate that you’re a responsible cyclist, it won’t
make a difference as to the extent of your injuries.
However, if you did suffer a head or neck injury, a helmet becomes important
to your claim. If you weren’t wearing a helmet, an insurance claims
adjuster will try to prove that you were comparatively negligent, meaning
that at least some of your injuries were caused to your own negligence.
In a city like Austin that doesn’t have a helmet law, the burden
of proof is on the insurance company to prove that you wouldn’t
have sustained as serious of injuries had you been wearing a helmet. In
other jurisdictions that have helmet laws, however, your failure to ride
with a helmet automatically establishes your comparative negligence.
To receive more information on your particular injury claim,
contact the Kyle Law Firmtoday and ask to set up a free consultation with one of our
New Braunfels bike accident attorneys.