Leyes de cascos de bicicleta de San José

Wearing a helmet drastically reduces the chance of a serious head injury during a bicycle accident, yet many cyclists forgo this basic safety gear. Despite the clear advantages, adults in this state are not legally required to wear helmets.

In bicycle accident cases, one of the most common injuries is a traumatic brain injury or concussion. Those who suffer serious head trauma often suffer life-long consequences. Wearing a helmet drastically reduces the chance of such a serious injury for cyclists. If you were injured in a bicycle accident, whether you were wearing a helmet could be a factor in determining your compensation, so you should understand the San Jose bicycle helmet laws. Be sure to consult a dedicated bicycle accident attorney to discuss your claim.

Bicycle Helmet Laws

In this state, bicyclists under the age of eighteen must wear a helmet when riding a bike on public roads, paths, or bikeways. Bicyclists stopped for not wearing a helmet or for having a passenger without a helmet can be cited $25. This includes children under the age of eighteen, whether they are riding alone or as passengers. Children riding in a bicycle attachment are also required to wear a helmet. However, children may ride a bicycle without a helmet when riding on private property.

Although the law does not require adults to wear helmets when riding a bicycle, bicyclists are strongly advised to wear helmets regardless of age, experience level, or location. Wearing properly fitted headwear increases safety and drastically reduces the chance of a head injury in a collision with a motor vehicle. Even so, injured cyclists who were not wearing a helmet could be considered contributorily negligent. Under the doctrine of contributory negligence, victims found to be partially responsible for their injuries may receive reduced damages. Therefore, it is important to work with an attorney in San Jose who understands the laws regarding helmet and bike accidents.

Statute of Limitations for Bicycle Accident Injuries

This state sets a statute of limitations for personal injury claims, including bicycle accidents. Those in San Jose injured by negligence in a bicycle accident have two years to claim damages. If the case is not filed within this time frame, the injured person forfeits their right to recover compensation.

Filing even one day past this time limit will result in a dismissal or denial from the insurance company. Given that two years is not a significant amount of time to file a claim, bike accident victims should seek the assistance of a personal injury lawyer as soon as possible. The sooner an attorney opens a case, the sooner they can begin to gather the necessary evidence to support the claim and file the necessary paperwork to adhere to this strict two-year deadline.

Speak With a San Jose Bicycle Accident Lawyer

A negligent driver can cause significant injuries to bicyclists. Even when cyclists wear proper helmets and take safety precautions, accidents do happen. You may be entitled to financial compensation if you were injured in a bicycle accident. Our California injury attorneys at Solution Now Law Firm can review your case and pursue a settlement on your behalf.

The process of filing a personal injury claim can be complex. A San Jose bicycle accident lawyer could help you navigate any potential issues that could arise. We work on a contingency basis, meaning there is no cost for you unless we obtain compensation. To schedule a free consultation, call us today.