Being involved in a bike accident can be a harrowing experience, especially if you aren’t wearing a helmet. Can a bike accident lawyer still help you if you aren’t wearing a helmet? The short answer is yes. A skilled bike accident attorney in Santa Monica can still provide substantial assistance in your case, even if you weren’t wearing a helmet at the time of the accident. Here’s how.
Understanding California’s Helmet Laws
Firstly, it’s essential to understand the helmet laws in California. According to California law, cyclists under the age of 18 are required to wear a helmet. However, there is no legal requirement for adults to wear helmets. This means that if you are an adult cyclist, not wearing a helmet does not constitute a violation of the law.
Assessing Fault and Liability
One of the primary roles of a bike accident attorney in Santa Monica is to assess fault and liability. Even if you weren’t wearing a helmet, the driver who hit you can still be held responsible if they were negligent. For instance, if drivers were speeding, distracted, or violating traffic laws, they could be found at fault for the accident. A Santa Monica personal injury lawyer will gather evidence, such as police reports, eyewitness testimonies, and traffic camera footage, to establish the driver’s liability.
Impact of Not Wearing a Helmet on Your Case
While not wearing a helmet doesn’t mean you’re automatically at fault, it can affect the outcome of your case, especially concerning the severity of your injuries. The defense may argue that your injuries were exacerbated by not wearing a helmet, potentially reducing the compensation you can receive. This is where an experienced personal injury lawyer in Santa Monica, such as those at Randolph and Associates, comes into play. They will counter these arguments by focusing on the driver’s negligence and the direct cause of the accident.
Comparative Negligence
California follows the doctrine of comparative negligence. This means that you can still recover damages even if you were partially at fault (for instance, not wearing a helmet). Your compensation will be reduced by the percentage of your fault. A bike accident attorney in Santa Monica will work diligently to minimize your level of fault and maximize your compensation. They will present evidence showing that the primary cause of the accident was the driver’s negligence.
Proving Damages
A critical aspect of any personal injury case is proving damages. This includes medical expenses, lost wages, pain and suffering. Randolph and Associates, a renowned law firm, will help document and present your damages effectively. They will gather medical records, expert testimonies, and other pertinent information to build a strong case demonstrating the extent of your injuries and the impact on your life.
Negotiating with Insurance Companies
Insurance companies often try to minimize payouts, especially if the injured party wasn’t wearing a helmet. Having a knowledgeable Santa Monica personal injury lawyer by your side ensures that you have an advocate fighting for your rights. Randolph and Associates have extensive experience dealing with insurance companies and will negotiate aggressively to secure a fair settlement on your behalf.
Litigation Support
Your case may go to trial if a fair settlement cannot be reached. A seasoned bike accident attorney in Santa Monica will be prepared to take your case to court. They will provide robust representation, using their legal expertise to argue your case before a judge and jury. Randolph and Associates have a proven track record of success in litigation, ensuring that you have solid legal support throughout the process.
Conclusion
In conclusion, not wearing a helmet at the time of a bike accident does not preclude you from seeking legal assistance or recovering damages. A competent bike accident attorney in Santa Monica, like those at Randolph and Associates, can help you navigate the complexities of your case, establish fault, and fight for the compensation you deserve. They will support you through every step, ensuring your rights are protected and your case is presented effectively.
If you’ve been involved in a bike accident and need expert legal assistance, contact a Santa Monica personal injury lawyer today. Your initial consultation will provide valuable insights and a clear path to securing the justice and compensation you deserve.
Randolph and Associates provide comprehensive legal solutions for various incidents, including bicycle accidents, truck accidents, dog attacks, and Uber accidents. Our dedicated lawyer ensures you receive the best representation and support for all your personal injury needs.
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