Can I Recover Damages if I Wasn’t Wearing a Helmet in a Bike Crash?

Being hurt in a bicycle accident can be a traumatic, life-changing experience. At Chelli & Bush, Attorneys at Law, we’re familiar with the tactics insurance companies often use to reduce payouts and deny claims. If you weren’t wearing a helmet when you were injured, they may try to use it against you, but it doesn’t immediately disqualify you from seeking the compensation you deserve. Our Staten Island bicycle accident lawyers explain how this factor can impact your case and why it’s vital to have an attorney to protect your rights and interests. 

Key Takeaways

• In New York, you may still be able to recover compensation even if you weren’t wearing a helmet.
• Proving the other party’s negligence is one of the most important factors in a bicycle accident claim.
• Insurance companies often use the "helmet defense" to offer low settlements and deny claims.
• Our personal injury lawyers in Staten Island provide compassionate, tenacious legal representation with no financial risk to you. 



Understanding Comparative Negligence in New York Injury Claims

New York law applies the concept of pure comparative negligence in personal injury claims. This means that even if you’re partially responsible for your injuries, you are still entitled to recover damages if the defendant was negligent. Your total compensation is simply reduced by your percentage of fault. For example, if a jury decides that the lack of a helmet made your injury 30% worse, you can still recover 70% of your total damages from the driver who caused the crash.

Common Insurance Company Defense Tactics

An insurer’s main priority is to protect their bottom line. That’s why they employ all kinds of tactics to shift blame and minimize your injuries. Our Staten Island bicycle accident lawyers have more than five decades of experience dealing with insurance companies. We’re familiar with their strategies and understand how to counter their assertions with solid evidence and arguments. 

Mitigation Arguments

The defense may contend that by choosing not to wear a helmet, a cyclist failed to mitigate their potential damages. Mitigation is the legal concept that an injured person has a responsibility to take reasonable steps to limit the severity of their harm.

To support this argument, insurance companies often hire expert witnesses such as engineers, accident reconstructionists, and medical experts to show how a helmet would have absorbed the force of the collision.

Your bicycle accident attorney knows how to counter this well. For example, although a helmet is designed to protect against specific types of impact, it cannot mitigate many common bike accident injuries, such as whiplash or serious brain and spine injuries caused by a high-speed collision.

How We Build Your Injury Claim

Our team conducts a thorough investigation and gathers evidence to create a strong case. We focus on the facts to keep the narrative centered on the at-fault party’s negligent actions. 

Our team uses many kinds of evidence to build a case for your bicycle accident injury claim:

• Dashcam, surveillance, and traffic camera footage
• Photos of the scene, your injuries, and damage to your bike and the other vehicle
• Damaged clothing and shoes
• Police reports
• Witness statements
• Cell phone records
• Information from a vehicles event data recorder (EDR)
• Bicycle crash reconstruction
• Comprehensive medical records that demonstrate the extent of your injuries

Counterarguments in Bicycle Accident Cases

Injury Irrelevance

If your injuries involve areas of the body like the arms, legs, feet, hands, and torso, the lack of a helmet has no bearing on the case. In these scenarios, the “helmet defense” has no impact on the mitigation of damages and should not be used to reduce your bike accident settlement or award. 

Proximate Cause of the Crash

In many personal injury cases, the distinction between what caused the injury and what caused the accident is vital. The defense must prove that the lack of a helmet actually caused the victim harm instead of just being a factor in the crash. For example, if a driver runs a red light and hits a cyclist crossing an intersection, their negligence remains the proximate cause of the collision, regardless of any safety gear the biker was wearing.

No Legal Requirement

In many jurisdictions, adults aren’t legally mandated to wear a helmet while cycling. In New York, bike helmet laws vary depending on age, location, and the type of bike you’re riding:

• Only bicyclists under the age of 14 are legally required to wear safety-certified helmets under state law.
• Some local jurisdictions, such as Erie County, have ordinances requiring helmets for all cyclists regardless of age.
• In New York City, all commercial cyclists and delivery workers are required to wear helmets while working.
• The law requires anyone operating a Class-3 electric bicycle to wear a helmet.

Our Staten Island bicycle accident lawyers are well-versed in local and state law. We know how to use these legal nuances to strengthen your case. 

Expert Witness Testimony

Our personal injury attorneys work closely with respected experts to demonstrate factors that can bolster your case, such as:



• An impact so powerful that a helmet would not have prevented the injuries.
• Injury resulting from whiplash or rotational forces that helmets cannot prevent.
• Specific mechanics of a crash that make helmet use a non-factor in the outcome.

Dealing with Insurers After a Bicycle Crash

If an insurance company representative contacts you, do not give a statement, sign anything, or accept a settlement without talking to a bicycle accident lawyer first. Insurance adjusters often twist words to shift blame onto you, which may result in bike accident damages being significantly reduced. Our attorneys handle all communications and negotiations with insurers so you and your family can focus on your recovery. 

Why Choose Our Staten Island Bicycle Accident Lawyers?

At Chelli & Bush, Attorneys at Law, we’ve handled thousands of cases over the past five decades and have recovered more than $500 million for our clients. Our team offers injured victims and their families the compassion and relentless legal advocacy they need to put their lives back together and move forward with confidence. We believe everyone deserves quality representation and take cases on a contingency fee basis. This means we don’t get paid unless we recover compensation for you. 

Find a Bicycle Accident Lawyer Near You in Staten Island

If you’ve been hurt in a bicycle accident, you don’t have to face the aftermath alone. Our team at Chelli & Bush, Attorneys at Law, is here for you. To schedule a free consultation with a bicycle accident attorney near you in Staten Island, NY, contact us or call 718-987-8444. We serve clients in Staten Island, Brooklyn, and surrounding areas. 

Frequently Asked Questions About Bicycle Accident Claims in New York

What should I do immediately after a bike accident?

• Seek medical attention immediately
• Call the police to ensure an official report is filed.
• Take photos of the scene and the vehicle involved.
• Contact our attorneys.

Will my payout be reduced if I wasn’t wearing a helmet?

While an insurer may try to minimize bike accident damages because you failed to wear a helmet, our skilled bicycle accident attorneys in New York know how to counter their arguments and fight for the fair compensation you need and deserve. 

How long do I have to file a bicycle accident lawsuit in New York?

The statute of limitations for filing a personal injury lawsuit in New York is three years. However, this deadline can be significantly shorter if a government agency is involved. A bicycle accident attorney can evaluate your case at no charge and advise you of your options.