Unlike other states, Texas does not require bicyclists to wear helmets. However, cities such as San Antonio require anyone under the age of 18 to wear a helmet while riding a bicycle on public property. Knowing San Antonio bicycle helmet laws can protect your physical well-being and increase your likelihood of receiving compensation if you are injured due to another’s negligence. Reach out to a bike accident attorney to understand the effect of this law on a claim for compensation.
The National Highway Traffic Safety Administration recognizes that a significant number of bicycle injuries involve head trauma and are the primary cause of bicyclist fatalities. Other agencies, such as the National Safety Council and the Centers for Disease Control and Prevention, also recognize the key role helmets play in rider safety. This public awareness can impact compensation from a biking accident if the San Antonio bicyclist is not wearing a helmet at the time of the accident, even if they are not breaking the law.
Although adults are not legally required to wear a helmet in San Antonio, not wearing a helmet can reduce the damages a cyclist can recover after a bike accident. Texas is an at-fault state that requires injured parties to prove that others’ negligence resulted in a bicyclist’s injuries. The state also follows a modified comparative fault principle that recognizes that multiple parties may be at fault.
Insurance companies will claim that bicyclists are to blame for some, if not all, injuries because they failed to wear helmets. Even though riding without a helmet is legal, insurance attorneys may argue that the bicyclist is to blame for some, if not all, injuries, given the publically available information on bicycle safety.
If bicyclists are partially to blame, their compensation is reduced by the percentage of fault. If the percentage is more than 50%, they are ineligible for compensation from another party. Although no one expects to be in an accident as they start a bike ride, wearing a helmet can minimize injuries and maximize compensation.
Experienced bicycle accident lawyers can help injured bicyclists pursue compensation by gathering evidence, establishing fault, and advocating for the best possible settlement.
Our legal team will talk to witnesses, review accident reports and medical records, and consult surveillance or video footage. They may talk with medical experts or use accident reconstructionists to understand how the accident happened and what medical treatment was required.
Attorneys will use the gathered evidence to create a legal strategy for establishing fault. They will work to minimize a cyclist’s percentage of fault and pursue all responsible parties for compensation.
Person injury lawyers will negotiate a settlement or pursue compensation through the court if a settlement cannot be reached. They will use medical reports, bills, and records to support the requested settlement. They will consult financial and medical experts to ensure the settlement is sufficient for current and future needs.
Bicycle injury claims are some of the more challenging to resolve, especially if the injuries are traumatic. If the cyclist did not wear a helmet, the settlement process can take years to resolve or may end up in court. That is why cyclists should understand San Antonio bicycle helmet laws. If you have experienced a bicycle accident, contact an experienced law firm such as Felix Gonzalez Law to ensure your rights are protected.