Maison Law Accident & Injury Lawyers of Modesto represent bicycle accident victims. If you or a loved one has been injured in a bicycle accident without wearing a helmet in Modesto, the accident attorneys can protect your legal right to fair compensation. Contact Maison Law Accident & Injury Lawyers of Modesto today for a free consultation and case evaluation.
Do I Need a Lawyer for a Modesto Bicycle Accident Without a Helmet On?
According to California Vehicle Code 21212, any child under the age of 18 in California must wear a helmet when riding or operating a nonmotorized scooter, bicycle, roller skates, or skateboard. This law also includes passengers, regardless if an adult is present or not.
If a bicyclist is involved in an accident without wearing a helmet, they will most likely be assigned some fault for their injuries. However, this will depend on the details of the accident. For instance, if the bicyclist sustained head injuries from the accident, then the amount of compensation they can claim will be reduced by a percentage of fault. Fault in California is assigned via Comparative Negligence Law. This law allows an injured party who shares fault for their injuries to receive compensation. This legal action is stated as follows:
“Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”
For that reason, it is recommended to contact Maison Law Accident & Injury Lawyers of Modesto to reduce your liability if you were involved in a bicycle accident without a helmet on.
Bicycle Helmet Basics in Modesto
In California, individuals caught not wearing a helmet when they are legally required will likely receive a fine between $25 and $200. Adults are not required to wear helmets while riding regular, non-motorized bicycles. Children under 18 are required to wear bicycle helmets while riding bicycles. Children under 5 years of age must wear helmets if they are riding in a bicycle attachment with an adult. In California, all motor-driven bicycles or motorcycle drivers must wear a helmet, including passengers.
According to California Legislation, the youth helmet law applies to riding a bicycle on the street, bikeway, sidewalk, or public bike path. So, it is technically legal for someone under 18 years of age to ride a bike without a helmet on private property. If a minor does receive a helmet violation, a parent or guardian will be responsible for paying the ticket. However, California has a program to reverse helmet citations. After receiving a helmet citation, California citizens have the option to attend a bicycle safety class and show proof of a purchased helmet to have the citation removed. California offers those who have received a bicycle helmet citation 120 days to complete these tasks and avoid being fined.
How are Injuries Calculated in a Modesto Bicycle Accident Settlement in California?
There are several factors used to calculate a bicycle accident settlement. Medical expenses, legal expenses, lost wages, and pain and suffering will have a significant impact on the value of your settlement. However, those factors will all be decided by the severity of your injuries. When assessing the severity of injuries sustained from a car accident, they are typically placed into one of the following three tiers:
- Tier 1: This tier is for the most severe injuries. Severe injuries tend to have the largest payout. These injuries include:
- Traumatic brain injuries
- Spinal cord injuries
- Permanent disfigurement
- Wrongful death
- Tier 2: This tier is for moderate to severe injuries. These injuries typically require surgical intervention and deal with broken bones, fractures, and lacerations.
- Tier 3: This tier is for mild to moderate injuries. This generally includes injuries that do not require surgery such as strains, sprains, and contusions.
Bike Laws to Prevent Bicycle Accidents in Modesto
California Vehicle Code 21200 awards cyclists the same rights and responsibilities as drivers. This entitles bicyclists to the right-of-way just like all the other drivers on the road. However, it is important to remain aware of motorists as not all drivers recognize this law or respect the rights of bikers on the road. Other laws outlining the rights of bicyclists on the road include:
- California Vehicle Code 21209: this law prohibits other drivers from driving in the bike lane except to park in permitted areas, or when leaving or entering the roadway.
- California Vehicle Code 22517: this statute covers dooring. Dooring is when a driver opens their vehicle door into the path of an oncoming rider. Under this law, no driver shall open the door of their vehicle on the side that is available to moving traffic unless it can be done in a reasonably safe manner and without interfering with moving traffic.
- Bicyclists in traffic: cyclists are required to ride as close to the right side of the road as possible except when they’re trying to avoid a hazard, turn left, or when passing. They are also required to signal their movements when turning or preparing to change lanes.
- Riding on sidewalks and crosswalks: California allows cyclists to ride legally in crosswalks. Some cities permit cyclists to ride on sidewalks, but some cities have banned cyclists from using the sidewalks.
What is the Typical Compensation for a Bicycle Accident in Modesto?
A bicycle accident settlement is the most effective recourse to pursuing justice for the damages done to your life due to the carelessness of a reckless driver. However, every accident is different, so there is no average amount of compensation bicycle accident victims can expect to receive. Compensation can be determined by the severity of your damages. Damages are calculated based on your economic damages and non-economic damages, which include:
- Present and future medical expenses
- Loss of income, as well as the reduction in your earning capacity you’ve suffered from your accident
- Cost of living with your injury, such as making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
- Damage done to your proposed a percentage of blame for the accident, thus reducing the amount of compensation by that specific percentage.
- Pain and suffering caused by your injuries
- Stress and anxiety due to the nature of your accident
Other factors that will impact the value of your settlement include:
- Your age and earning potential: the lost income is reached by combining the victim’s life expectancy and their earning potential if the accident has rendered you unable to work.
- Insurance policy limits of the at-fault party: drivers are required to have insurance and most do. However, most car insurance policies have caps. So, if the cap is met, then you’ll have to resort to other alternatives to get the necessary compensation.
- Whether or not you’re found partially responsible for the accident: California is a “shared fault” state and accident victims can be assigned a percentage of the blame, reducing their overall settlement
Contact a Modesto Bicycle Accident Lawyer
If you or a loved one have been injured in a bicycle accident in Modesto without a helmet on, the Modesto accident attorneys can help you reduce liability or remove it from the case entirely. Don’t let the insurance company place all the fault on you for your injuries or try to settle your case for far less than your damages are worth. You have legal options. Our team of attorneys is ready to fight for your right to compensation in Modesto. Contact Maison Law Accident & Injury Lawyers of Modesto today for a free consultation and case evaluation. There are no upfront costs for our legal services and we don’t get paid unless we win your case.