Ylla Gosney, Attorneys at Law represents anyone that’s been injured in a bicycle accident in Oklahoma City. It’s clear that you should always wear a helmet when you ride your bike, especially because it’s one of the few things you can control when it comes to accidents. However, if you weren’t wearing one at the time of the accident, that doesn’t mean you lose your legal rights. If you’ve been injured in a bicycle accident, contact us for a free consultation.
Why Should You Get a Lawyer?
It’s important to understand that you don’t have to get a lawyer to file a claim after a bicycle accident, but having one can make a big difference–especially if your injuries are serious or the case is complicated. If you weren’t wearing a helmet, insurance companies are probably going to try to use that against you, making it even more important to have legal support from our team. We can:
- Explain your legal options
- Investigate the cause of the accident
- Help gather key evidence
- Deal with insurance companies for a fair settlement
- Take the stress off your shoulders
If you’ve been in a bicycle accident in Oklahoma City, we’re here to help. Keep in mind that not wearing a helmet may affect your claim, but it doesn’t mean you don’t have one. However, you’re going to have a larger responsibility to protect your claim if you’re not wearing a helmet at the time of your accident.
How Can You Protect Your Bicycle Accident Claim If You’re Not Wearing a Helmet?
The biggest issue you’re going to have after you’re hurt in a bicycle accident where you’re not wearing a helmet–aside from your physical injuries–is how an insurance company is going to approach your claim. To protect your claim, you need to take these important steps:
- Call 911 – Your health comes first. Call 911 and get checked out, even if you feel fine. Some injuries don’t show symptoms right away, and delaying treatment can hurt both your recovery and your claim. Ask the dispatcher to send the police as well.
- Get the driver’s information – If the police don’t arrive, make sure to get the driver’s name, contact information, insurance details, and vehicle description.
- Talk to witnesses – If anyone saw the accident, ask for their contact details. Their statements could help support your claim.
- Gather evidence – Take photos of the accident scene, your bike, the other vehicle, and any visible injuries. These records can be crucial when dealing with insurance companies.
- Write down what happened – As soon as possible, record details about the accident, including any statements made by the driver, like “I didn’t see you.” These details can help prove fault.
Obviously, these steps are incredibly important in any bike accident, but even more so if you’re not wearing a helmet at the time.
Who’s Liable For Damages in a Bicycle Accident Where You’re Not Wearing a Helmet?
The reason that not wearing a helmet doesn’t automatically make you responsible for damages in Oklahoma City is simple: the liable party is the one that acted negligently and caused the accident. So then, not wearing a helmet isn’t the reason the accident happened. Rather, liability is usually going to fall on:
- A driver who hit you
- Another cyclist or pedestrian who caused the accident
- The city or state government, if the accident was caused by unsafe road conditions
- A manufacturer of faulty bicycle or vehicle parts
Negligence can take many forms in these accidents, like:
- Failing to yield
- Driving under the influence
- Speeding
- Unsafe lane changes or turns
- Passing too closely
- Distracted driving, such as texting
Just because you weren’t negligent doesn’t mean the fact that you’re not wearing a helmet isn’t going to factor into your claim. Oklahoma follows comparative negligence laws, meaning if you were also acting recklessly or not paying attention, your damages may be reduced. Not wearing a helmet could also factor into how much you can recover, making it critical to handle your claim strategically.
What Options Do You Have For Getting Damages in a Bicycle Accident Claim?
Your legal options don’t change if you’re hurt in a bicycle accident where you’re not wearing a helmet. You still have the same rights–namely the ability to file an injury claim and recover damages against whoever is responsible. The way you do this is up to you, but generally, you have two options:
- Filing an insurance claim out of court
- Filing a personal injury lawsuit
An insurance claim is usually quicker, but it’s totally controlled by the insurance company. This means that the fact that you weren’t wearing a helmet is going to majorly impact what they offer you in a settlement–if they offer you anything at all.
A lawsuit, on the other hand, might give you a better chance at full damages because it’s overseen by a judge. Not wearing a helmet will still factor in, but it will be given equal weight with the negligence of whoever caused the actual accident. And the stronger you can show damages, the more you can potentially recover. This includes financial support for your:
- Medical expenses
- Lost income
- Repair/replacement costs for your bike or other damaged property
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Wrongful death expenses (for fatal injuries)
The legal process can be complicated, especially if you may share some responsibility for the accident. However, you still have the right to file a claim and get financial support for your injuries. One thing to be aware of, though, is what injuries you might be dealing with. Also, you have to file within two years of the date of the accident.
What Injuries Could Happen to You in a Bicycle Accident If You’re Not Wearing a Helmet?
Not wearing a helmet doesn’t take away your legal rights when there’s a bicycle accident, but it does increase your risk of serious injuries–especially to your head and face. These usually include injuries like:
- Traumatic brain injuries (TBIs) and concussions
- Skull fractures
- Facial fractures (nose, jaw, or eye socket injuries)
- Dental injuries
- Ear damage
- Facial scarring or disfigurement
Every accident is different, but if you’ve suffered any of these injuries, getting medical attention immediately is critical for both your health and your claim. Once you’ve addressed your medical needs, we can help you move forward.
Dedicated Legal Support for Bicycle Accidents in Oklahoma City
Biking in Oklahoma City is a great way to get around, but accidents can happen–especially if drivers aren’t paying attention. Even if you weren’t wearing a helmet, you still have the right to get damages for your injuries. Our team at Ylla Gosney is ready to help you navigate your claim and fight for the financial support you need to get better. Contact us today for a free consultation.
