Posted on Saturday, March 2nd, 2024 at 9:10 pm
Bicycling offers numerous benefits, from promoting physical fitness to reducing traffic congestion and environmental impact. However, bicycle accidents can result in severe injuries, especially when riders aren’t wearing helmets. Know more about bicycle accident & helmet laws in Oklahoma from our personal injury lawyers.
Oklahoma Bicycle Helmet Laws
Oklahoma does not have a statewide law requiring bicycle riders to wear helmets. However, some cities and municipalities within the state have enacted their ordinances.
Even though Oklahoma doesn’t have a universal helmet law, wearing a helmet is still crucial for your safety. According to the Centers for Disease Control and Prevention (CDC), wearing a bicycle helmet can reduce the risk of head injury by up to 85% and the risk of face or neck injury by up to 33%.
Impact of Helmet Use on Injury Claims
When you’re the party involved in a bicycle accident and suffer injuries, your helmet use (or lack thereof) can significantly impact your injury claim. Oklahoma law adheres to the comparative negligence rule, which means the court will consider your degree of fault when determining your compensation. This is also called contributory negligence. If the court finds you partially at fault for your injuries, it will reduce your compensation by the percentage of your fault.
For instance, if you suffered a head injury in a bicycle accident while not wearing a helmet. The opposing party may argue that your decision not to wear a helmet contributed to the severity of your injuries. If the court determines that you were 20% at fault for your injuries due to not wearing a helmet, it will reduce your compensation by 20%.
However, it’s important to note that not wearing a helmet does not automatically disqualify you from seeking compensation for your injuries. Your attorney can present evidence to demonstrate the other party’s negligence and argue that their actions were the primary cause of the accident and your injuries. They may also argue that a helmet would not have prevented or significantly reduced the severity of your specific injuries.
Bicycle Accident Claims and Helmet Regulations
When pursuing a bicycle accident claim in Oklahoma, it’s essential to understand how helmet regulations might affect your case. Even if you weren’t legally required to wear a helmet, the opposing party might use your lack of helmet use to argue that you were negligent and partially responsible for your injuries.
To build a strong case, you should gather evidence that demonstrates the other party’s negligence and the extent of your injuries. When you file a personal injury lawsuit, some evidence you need may include:
- Police reports
- Witness statements
- Photos of the accident scene and your injuries
- Medical records and bills
- Expert testimony (e.g., accident reconstruction specialists or medical professionals)
An experienced bicycle accident attorney can help you collect evidence, negotiate with insurance companies, and fight for fair compensation.
How Not Wearing a Helmet Affects Your Case
While not wearing a helmet doesn’t bar you from seeking compensation for your injuries, it can make your case more challenging. If you failed to wear a helmet at the time of the accident, your failure to wear protective gear and the lack of helmet usage can affect your ability to recover damages. The opposing party may argue that your injuries would have been less severe if you had been wearing a helmet, and they may attempt to assign you a higher percentage of fault.
To counter these arguments, your attorney may present evidence that a helmet would not have prevented or significantly reduced the severity of your injuries. They may also focus on demonstrating the other party’s negligence and how their actions directly caused the accident and your injuries.
Protecting Yourself and Your Legal Rights
Don’t know how bicycle accident & helmet laws in Oklahoma can affect your claims? The best way to protect yourself and your legal rights is to always wear a helmet when bicycling, even if the law does not require you to. A helmet can significantly reduce your risk of serious head injuries and strengthen your case if you’re involved in an accident. If you experience pain and suffering for your injuries, our team can help you recover damages.
If you’re in a bicycle accident, seek medical attention immediately, even if you don’t think you’re seriously injured. Some injuries, such as concussions or internal bleeding, may not be immediately apparent. Prompt medical care protects your health and creates a record of your injuries. Medical bills and expenses can be valuable evidence in your personal injury claim.
After receiving medical attention, consider contacting an experienced bicycle accident attorney. The attorneys at Abel Law Firm have the knowledge and expertise to guide you through the legal process. Our experienced Oklahoma City bike-share accident lawyers fight for the compensation you deserve. Contact us online or call us at (405) 239-7046 for a free consultation.
Remember, while wearing a helmet is essential for your safety and can strengthen your accident claim, not wearing one doesn’t mean you can’t seek compensation for your injuries. By understanding Oklahoma’s helmet laws and how they might impact your case, you can better protect your rights and work towards a fair resolution.
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