If You Were Hurt in a Bicycle Accident and You Weren’t Wearing a Helmet, Can You Recover Damages?
August 31, 2026
Bike helmets are hot, ugly, and uncomfortable. Although they are supposed to protect riders from head injuries, they can interfere with vision. Many riders choose not to wear them.
But the bike helmet industry has succeeded in persuading legislators that bike helmets are an essential safety tool. They are required statewide for minors in California. And many local jurisdictions have adopted their own bike helmet requirements.
If you were hurt in a bicycle accident and you weren’t wearing a helmet, it is important to understand your rights and your ability to recover compensation for the effects of your injuries. We can’t provide a complete analysis in a blog like this because the circumstances are different in every accident case. If you contact our team for a free consultation, we can explain your options based on your specific situation. For general information, here are some guidelines on recovering damages after a bicycle accident when you weren’t wearing a helmet.
Understanding Bike Helmet Requirements
On a state level, the rules regarding bike helmet requirements are set forth in Section 21212 of the California Vehicle Code. This statute requires anyone under the age of 18 who is on a bicycle (or skateboard or even roller skates) on a public road to wear a helmet. The helmet must be approved by either the American Society for Testing and Materials or the United States Consumer Product Safety Commission.
In addition, Section 21213 of the Vehicle Code requires both minors and adults to wear an approved helmet while riding a class 3 e-bike on a public road or path. An electric bicycle is rated as class 3 when it can reach speeds of up to 28 miles per hour.
While state law does not require adults to wear a helmet while riding other types of bikes, including class 1 and 2 ebikes, many local jurisdictions have adopted their own requirements for helmet use. For instance, bicyclists of all ages are frequently required to wear helmets for “off-road” riding on trails in popular public parks.
You Can Still Be Considered Negligent Even if You Didn’t Violate the Helmet Laws
It might be logical to assume that if the law doesn’t require a bicyclist to wear a helmet, then a rider can’t be considered negligent for refusing to wear one. But just the opposite is true.
If you were hurt in a collision with a car or a bicycle crash that occurred because someone created a dangerous condition on a road or bike path, the attorneys representing the person at fault for causing the collision will argue that you, the victim, did something that caused your injuries. They may claim you were negligent in failing to wear a helmet. They may claim you were riding too fast, weren’t paying attention, or that you failed to maintain your bike. They will try every argument they can think of to show why your actions were to blame for the injuries.
Although bike helmets aren’t required for adults, many experts recommend them. Insurance companies will use their studies to insist that a responsible rider would have been wearing a helmet. If you were not, they will argue that you were negligent.
Analyzing the Circumstances
Is it true that a bicyclist is at fault for their own injuries if they weren’t wearing a helmet? That could depend on the circumstances. If your primary injury is a leg injury, then your attorney could well argue that helmet use would not have prevented any of the negative impacts and that therefore lack of a helmet should not impact your ability to recover. On the other hand, if you suffered a traumatic brain injury, it will be harder to successfully prove that your injury would have been just as bad if you had been wearing proper head protection.
Successful personal injury attorneys often bring in medical and vocational experts who can testify to the effects of various impacts and injuries on the human body. A crash reconstruction expert or medical professional may be able to show that the effects of a collision would still have produced substantial brain damage even if a helmet had been worn.
Helmet Use and Comparative Negligence
Even if the failure to wear a helmet contributed to a bicyclist’s injuries, that does not mean they are not eligible to receive compensation from the party that caused the collision. California injury claims operate under a principle known as “pure” comparative negligence. It means that your recovery can be reduced to account for your own negligent actions, but you won’t be prevented from receiving any compensation.
Here’s how it works. The court analyzes the factors that contributed to the accident victim’s injuries, and then they assign a percentage of fault for each factor. For instance, if the driver of the car hit a bicyclist riding in a parking lot and the rider fell and suffered head and neck injuries, the court would weigh each person’s share of fault.
The judge might decide that the rider’s injuries were 10% due to the lack of a helmet and 90% due to the driver’s excessive speed. If the bicyclist’s damages for pain, suffering, medical bills, lost wages, and other issues were $100,000, then the rider’s comparative negligence would reduce that amount by 10%. So instead of receiving $100,000, the injured bicyclist would receive $90,000.
Fighting for Maximum Compensation for Bike Accident Victims
Drivers of motorized vehicles who are in a hurry, or lazy, or simply distracted often do not even bother to look for bicycles around them. Unfortunately, that inattention can result in severe life-changing injuries for a bicyclist. Even when wearing a helmet, a bicyclist has little protection for that type of impact.
At the Law Offices of Benjamin Arsenian, we have seen the horrific injuries that occur when a driver hits a bicyclist, yet we know that insurance companies will work quickly and effectively to deny compensation to the victim. That’s not right. We fight for full and fair compensation for accident victims in all situations. To find out about your recovery options after an injury, call us at 714-400-2000 or contact us online now.