When heading out for a casual bike ride, you might choose not to wear a helmet, considering Maryland law mandates only those under 16 to wear one. However, in a sudden turn of events, a car hits you, damaging your bike and injuring you. At this point, you may wonder how not wearing a helmet might affect your right to sue the driver.
How contributory negligence impacts bike accident lawsuits
Maryland follows the theory of contributory negligence, wherein you cannot recover damages if evidence shows that you contributed to your own injury in any way. Simply put, you cannot pursue compensation if you are at fault for just 1% of your injury, even if the driver caused the accident.
If you were riding a bike and sped through a red light and someone crashed into you, it may become impossible to recover compensation. The driver or their lawyer may argue that you disregarded traffic laws and put yourself in a dangerous situation, which caused your injuries.
However, not wearing a helmet does not automatically mean that you caused your injuries. In many bicycle accident cases, whether you wore a helmet is not relevant unless your injuries are around the head area.
Nevertheless, other aspects of your case could suggest you share some responsibility. The court may deem you partially at fault if you were riding your bike at night without a helmet, a front light, and a rear reflector when a car collided with you.
Determining fault isn’t always clear
Establishing fault in personal injury cases such as bike accident lawsuits can be tricky. It can help to talk to a lawyer first. They can review your situation and figure out whether you can pursue compensation for your damages.
Pedaling along Baltimore’s scenic landscapes is one of life’s simple pleasures. Although the state does not explicitly require bicyclists over 16 to wear a helmet, it can help reduce your risk of injury. Riding a bike around Maryland should be fun, but it should also be safe.
