Malvern Bicycle Accident Lawyer

Bicyclists have the same rights as motorists, but reckless drivers often cause serious accidents. If you were injured in a bicycle crash, Kingbird Legal is here to help. Our Malvern bicycle accident lawyer will fight to recover compensation for your injuries and financial losses. We are dedicated to protecting cyclists’ rights. Call 484-289-4880 today for a free consultation, and let us help you get the justice you deserve.

How Helmet Use Can Impact a Bicycle Accident Claim in Pennsylvania

Bicyclists face significant risks when sharing the road with motor vehicles. Even when following traffic laws, riders can suffer severe injuries in a crash. Helmets help reduce the risk of head trauma, but not every cyclist wears one. After an accident, the question of helmet use often comes up, especially when pursuing an injury claim.

Understanding how helmets factor into bicycle accident cases can help injured cyclists protect their rights and recover the compensation they deserve.

Pennsylvania’s Bicycle Helmet Laws

Pennsylvania has specific laws regarding helmet use for bicyclists. Riders under the age of 12 are required to wear a helmet when operating or riding as a passenger on a bicycle. However, there is no legal requirement for adults to wear one.

Even though helmets are not mandatory for adults, insurance companies may try to use the absence of one as a defense against an injury claim. They may argue that the cyclist contributed to their own injuries by not wearing protective gear. Knowing how to counter this argument is important when seeking full compensation.

The Role of Helmets in Preventing Injuries

Helmets provide essential protection by absorbing impact forces and reducing the severity of head injuries. Studies have shown that wearing a helmet significantly lowers the risk of traumatic brain injuries, skull fractures, and concussions in bicycle accidents.

Despite their benefits, helmets cannot prevent all injuries. Cyclists can still suffer broken bones, spinal cord damage, internal injuries, and road rash. Whether a rider wore a helmet or not, they still have the right to seek compensation for injuries caused by a negligent driver.

Can Not Wearing a Helmet Affect a Bicycle Accident Claim?

Since Pennsylvania does not require helmets for cyclists over 12, failing to wear one does not automatically prevent an injured rider from recovering damages. However, insurance companies often try to shift blame to the victim by arguing that their injuries were worse because they did not have a helmet on.

This tactic is known as comparative negligence. Under Pennsylvania’s modified comparative negligence rule, an injured party’s compensation can be reduced if they are found partially at fault for their own injuries. If the cyclist is more than 50% responsible, they may be barred from recovering damages.

The key question is whether the lack of a helmet directly contributed to the injuries being claimed. If the injuries involve a broken arm, leg, or other non-head-related trauma, helmet use is irrelevant. However, if a cyclist suffered a head injury, the insurance company may argue that wearing a helmet could have reduced its severity.

Proving Liability in a Bicycle Accident Case

To recover compensation, an injured cyclist must prove that the driver’s negligence caused the crash. Common causes of bicycle accidents include:

Distracted driving
Speeding
Failure to yield
Running a stop sign or red light
Drunk or impaired driving
Dooring incidents, where a driver opens their door into a cyclist’s path

Helmet use does not change the fact that a negligent driver is responsible for causing the accident. A strong case will focus on proving the driver’s fault and the full extent of the injuries suffered by the cyclist.

Seeking Compensation for Bicycle Accident Injuries

Cyclists injured in a crash caused by a negligent driver may be entitled to compensation for:

Medical expenses, including emergency care, surgeries, and rehabilitation
Lost wages if injuries prevent them from working
Pain and suffering for physical and emotional distress
Property damage, such as the cost of repairing or replacing a bicycle
Future medical treatment for long-term or permanent injuries

A thorough investigation, medical records, witness statements, and expert testimony can help strengthen a claim and ensure fair compensation.

How an Attorney Can Help

Insurance companies often try to minimize payouts or deny claims entirely. If a cyclist was not wearing a helmet, they may use it as an excuse to offer a lower settlement. An experienced personal injury lawyer can push back against these tactics by presenting evidence that focuses on the driver’s negligence.

A lawyer can also:

Gather medical records to prove the extent of injuries
Work with accident reconstruction experts to show how the crash occurred
Negotiate with insurance companies to seek a fair settlement
Take the case to court if the insurer refuses to offer reasonable compensation

Having legal representation can make a significant difference in the outcome of a bicycle accident claim.

Protecting Your Rights as a Cyclist

Bicyclists have the same rights to the road as motorists, and they deserve to be treated fairly when seeking compensation for injuries. While wearing a helmet is always recommended for safety, it should not be used as a way to deny rightful compensation.

Malvern Bicycle Accident Attorney

If you’ve been injured in a bicycle accident, you need an advocate who understands your rights. Kingbird Legal’s Malvern bicycle accident attorney is ready to fight for fair compensation for your injuries and financial losses. Don’t let a reckless driver’s actions define your future. Call 484-289-4880 today for a free consultation, and let us help you seek justice.