Helmets and Bike Accident Claims

Neither Phoenix nor the state of Arizona has laws that require cyclists to wear helmets. That said, riding without a helmet puts a cyclist at a greater risk of a serious brain injury if they are involved in an accident and could complicate their claim for compensation. 

In these cases, a top-notch Phoenix bicycle accident attorney from Gage Mathers will counter claims by an insurance company or defense attorney that not wearing a helmet makes the cyclist responsible for their injuries.

How Helmets Factor Into Settlement Negotiations 

Arizona is a pure comparative fault state. This means that if the cyclist is found to be partially responsible for an accident, the compensation they receive will be reduced by their percentage fault. 

For example, if a cyclist is found to be 30% responsible for their injuries because they weren’t wearing a helmet, a $100,000 settlement award will be reduced by $30,000, leaving the injured cyclist with just $70,000.

Defense attorneys and insurance companies try to shift as much blame as possible to reduce their liability and the damages they have to pay. A common tactic they use is to argue that not wearing a helmet is a ‘failure to mitigate’ damages.

The Bottom Line: Riding Without a Helmet Is Dangerous

The National Highway Traffic Safety Administration reports that about 1,000 to 1,160 bicyclists are killed each year in the US from accidents involving motor vehicles. Of those who died, more than 60% were not wearing a helmet. In its 2022 Traffic Safety Facts report, Phoenix was also listed as having the fifth-highest rate of cyclist fatalities in cities with populations of more than 500,000.

These statistics are deeply concerning, and safety should be any cyclist’s first concern. Helmets may not be legally required, but many studies have proven that wearing one goes a long way to reducing the risk of traumatic brain injuries, concussions, and damage to a rider’s face.

Good Legal Representation Can Make All the Difference

Wearing a helmet should not be a factor in a bicycle accident claim and settlement negotiations. To ensure you’re treated fairly, contact Gage Mathers today. We’ll investigate your case and work diligently to unearth evidence pointing to the driver’s role, road conditions, and the other factors that led to the crash.

Once we’ve proven who is liable for your injuries, Gage Mathers will make sure that

calculating future lost earnings for settlements and pain and suffering in bike accident claims are part of the negotiations with at-fault parties and their insurance companies.

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 24 years
Bar number: 020421
Location: Phoenix, AZ
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