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Can I File a Bicycle Accident Claim If I Wasn’t Wearing a Helmet?

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Can I File a Bicycle Accident Claim If I Wasn’t Wearing a Helmet?

Most people have ridden a bicycle without a helmet at some point, and they probably weren’t too concerned about the added risk. Unfortunately, some learn the hard way that leaving their helmet at home can be a catastrophic mistake.

If you sustained injuries in a bicycle crash and you intend to file an insurance claim, there are many factors that will affect the outcome of your case. One of these factors is whether your own negligence contributed to your injuries.

Under New York’s comparative fault law, personal injury claimants can only recover compensation for the damages for which they are not responsible. That means when plaintiffs are deemed partially liable, their total compensation is reduced by their own percentage of fault. If you suffered a head injury but you weren’t wearing a helmet, the insurance adjuster might argue that your own negligence contributed to your injury.

To find out how the comparative fault law might affect your case, contact The Law Office of Richard M. Kenny. Our personal injury attorneys have more than 100 combined years of experience practicing law. Call 212-421-0300 to schedule a free case evaluation with a bicycle accident attorney in New York City.

Read on for more information about cycling laws in New York:

There Are Specific Statutes That Apply to Cyclists

In an effort to reduce the number of serious cycling accidents and minimize the devastation they cause, the state of New York implemented specific safety statutes. The New York Bicycling Coalition has a handy guide detailing these laws. Some of the most notable ones include:

  • Riders must abide by the same state and local traffic laws that apply to motor-vehicle operators;
  • Riders must use white lights that illuminate at least 500 feet ahead of them and red or amber lights that illuminate at least 300 feet behind them when traveling between sunset and sunrise;
  • Riders cannot wear earphones or use some other audio device when traveling on a public highway; and
  • Riders and passengers who are younger than 14 must wear a helmet at all times.

If you were hurt in an accident while violating any of the above rules, the insurance adjuster may try to assign you at least some percentage of fault. You will need strong evidence to prove liability and damages. This is where a seasoned personal injury attorney can help.

Call 212-421-0300 to speak with a Bicycle Accident Lawyer in New York City

If a drunk, distracted, or reckless motorist struck you while cycling in the city, turn to The Law Office of Richard M. Kenny to determine the most strategic way to proceed. Even if you were not wearing a helmet at the time of the accident, you may still be entitled to compensation.

We have handled complicated, high-stakes cases for injured parties, and we can handle yours, too. Call 212-421-0300 or fill out our Contact Form to schedule a free consultation with a personal injury lawyer in New York City.

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THE LAW OFFICE OF RICHARD M. KENNY

Whether you need a Bronx car accident lawyer, birth injury lawyer, construction accident lawyer or legal representation for any type of accident, the NYC personal injury lawyers at The Law Office of Richard M. Kenny can help. Located in New York City, we've helped hundreds of individuals throughout the Bronx, Brooklyn (Kings County), Manhattan, Queens and Nassau County recover the compensation they need to receive proper medical care, treatment and quality of life after serious injury.

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If you've been injured due to the negligence or wrong-doing of another, we can provide you and your loved ones with the legal support needed to ensure proper medical attention, long-term treatment and fair, reasonable financial compensation is received for your injury. The initial consultation is always free. For immediate assistance, call (212) 421-0300.

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