Maryland follows a “contributory negligence” system. If the court finds that the person filing the claim was slightly at fault for the accident that caused their injury, they may not be able to recover any compensation. In cases involving bicycle accidents, not wearing a helmet can complicate a person’s claim since the defendant can use this to argue that they contributed to their own injuries.
While not wearing a helmet can make the process more challenging, it does not completely mean you don’t have grounds to file a claim and receive compensation.
Proving negligence
When pursuing a personal injury claim, you must prove that the other party was negligent. Negligence here means they failed to act with the level of care that a reasonable person would use in similar circumstances. This involves four key elements:
- Duty of care: The other party must be responsible for acting carefully to avoid hurting others. For example, all drivers have a duty to follow traffic laws and watch out for cyclists.
- Breach of duty: The other party failed to meet this responsibility. This could mean they were speeding, texting while driving, or not paying attention to the road.
- Causation: This failure directly led to your injury. In other words, if the other party had been more careful, you wouldn’t have been hurt.
- Damages: You suffered actual harm as a result. This could include physical injuries, medical bills, lost wages or pain and suffering.
Conversely, the defense might argue that your lack of helmet use was also negligent and contributed to your own injuries. However, this argument’s strength depends on several factors, such as the nature of your injuries. If you suffered injuries unrelated to your head, such as a broken leg or arm, then your lack of helmet use might not have that much impact on your claim. Even in cases involving head injuries, the defense must prove that a helmet would have prevented or significantly reduced your injuries, considering the overall circumstances of the accident.
Understand your options
The impact of not wearing a helmet on your claim can vary greatly depending on the specifics of your case. Talk to an attorney who can evaluate your specific situation and advise you on your next steps.
