Can I Still File a Claim After a Bike Wreck if I Wasn’t Wearing a Helmet?

A bike crash can happen in an instant, changing your life in ways you never expected. As you deal with injuries, medical bills, and damaged property, you might wonder if not wearing a helmet will affect your ability to seek compensation. This is a common concern for many cyclists in North Carolina, and it’s a question our team at Johnson & Groninger PLLC hears frequently.

The Short Answer: Yes, You Can Still File a Claim

You can still file a personal injury claim after a bike crash even if you weren’t wearing a helmet. Not wearing a helmet does not automatically disqualify you from seeking compensation for your injuries. However, this doesn’t mean the issue won’t come up during your case.

North Carolina Helmet Laws for Cyclists

First, it’s important to understand North Carolina’s bicycle helmet laws:

• Under North Carolina General Statute § 20-171.9, only cyclists under the age of 16 are legally required to wear helmets
• Adults (16 and older) are not legally mandated to wear helmets when cycling
• The law specifically states that helmet violations “shall not be considered negligence per se or contributory negligence per se in any civil action.”

This means that if you’re an adult who wasn’t wearing a helmet at the time of your crash, you weren’t breaking any state laws.

The Contributory Negligence Challenge

However, North Carolina follows a strict “contributory negligence” rule, which creates significant challenges for injured cyclists. Under this rule, if you are found even 1% at fault for your injuries, you could be barred from recovering any compensation at all.

This is where not wearing a helmet can potentially become problematic. The driver’s insurance company will likely argue that:

1. Your head injuries would have been prevented or less severe if you had worn a helmet
2. Your failure to wear a helmet constitutes negligence that contributed to your injuries
3. Under contributory negligence, you should receive no compensation

The “Helmet Defense” and How We Fight It

When insurance companies try to use the “helmet defense” against our clients, we focus on several key legal and factual arguments:

1. No Legal Requirement for Adults

Since North Carolina law doesn’t require adults to wear helmets, not wearing one doesn’t constitute breaking any law or regulation.

2. Causation Issues

Not all bike crash injuries are head injuries, and not all head injuries would be prevented by a helmet. We work to establish clear causation facts:

• If you suffered injuries to other parts of your body (like broken bones, road rash, or spinal injuries), these would have occurred regardless of helmet use
• Even for head injuries, we can demonstrate the limitations of helmet protection for certain types of impacts or injuries

3. Focus on the Driver’s Negligence

The central issue in your case should be the driver’s negligent actions that caused the crash in the first place. We keep the focus where it belongs – on the driver who:

• Failed to yield the right of way
• Was distracted by their phone
• Drove too close when passing
• Violated traffic laws
• Was driving recklessly or impaired

We have represented cyclists who weren’t wearing helmets at the time of their crashes. Each case is unique, but our approach focuses on the facts and circumstances of what actually caused the crash.

When a driver turns left in front of a cyclist or fails to yield the right of way, those actions are often the true cause of the crash. We work to clearly establish who caused the crash and what injuries resulted, regardless of whether a helmet was worn.

Protect Your Rights After a Bike Crash

If you’ve been injured in a bike crash while not wearing a helmet, take these important steps:

1. Seek medical attention immediately, even if you think your injuries are minor
2. Document everything – take photos of the scene, your bike, your injuries, and get contact information from witnesses
3. File a police report to create an official record of the crash
4. Don’t give recorded statements to insurance companies before speaking with a lawyer
5. Talk to an experienced bicycle crash attorney who understands North Carolina’s specific laws

The Johnson & Groninger PLLC Approach

At Johnson & Groninger PLLC, we bring knowledge of both the law and cycling to your case. Our attorneys include riders who understand what it’s like on North Carolina roads.

We address the “helmet defense” by focusing on:

• The actual cause of bicycle crashes
• The role helmets do and don’t play in different types of impacts
• North Carolina’s bicycle laws
• The unfair assumptions many people make about cyclists

Don’t Let Insurance Companies Deny Your Valid Claim

Insurance companies often use the helmet issue as a tactic to avoid paying legitimate claims. They count on your uncertainty and lack of legal knowledge to pressure you into accepting less than you deserve – or nothing at all.

Remember: Not wearing a helmet doesn’t make you responsible for a crash caused by a negligent driver. Your right to seek compensation for your injuries remains intact.

Talk to an Attorney About Your Case Today

If you’ve been injured in a bicycle crash in North Carolina, don’t let concerns about not wearing a helmet stop you from seeking the compensation you deserve. At Johnson & Groninger PLLC, we can evaluate your case and help you understand your legal options.

Contact us today for a free consultation. We’ll discuss your rights and possible paths to compensation for your injuries, damaged property, lost wages, and pain and suffering.

Remember, the information provided in this article is general information and doesn’t constitute legal advice for your specific situation. Every case is unique, and the outcome depends on the particular facts and circumstances involved.