Can I receive compensation if I wasn't wearing a helmet during a bicycle accident?
Not wearing a helmet during a bicycle accident in Alberta may affect your compensation due to contributory negligence but does not disqualify you from seeking damages. For assistance, contact Kantor Injury Lawyers for a free consultation.
In Alberta, bicycle helmet laws require anyone under the age of 18 to wear a helmet while riding a bicycle, but adults are not legally obligated to wear one. While it is always recommended to wear a helmet for safety reasons, not wearing one during a bicycle accident does not automatically disqualify you from seeking compensation for your injuries. However, it is essential to understand how not wearing a helmet could impact your personal injury claim.
When seeking compensation for injuries sustained in a bicycle accident, the concept of contributory negligence may come into play. Contributory negligence refers to the injured party's actions or behaviors that may have contributed to the accident or the extent of their injuries. If you were not wearing a helmet during the accident, the defendant may argue that you were partly at fault for your injuries, particularly if you sustained head or brain injuries.
In Alberta, the courts follow a comparative negligence system, meaning that the injured party's compensation may be reduced proportionally to their degree of fault. For example, if the court determines that you were 20% at fault for not wearing a helmet, your compensation may be reduced by 20%.
While the lack of a helmet might affect your compensation, it does not necessarily bar you from receiving damages for other injuries or losses. If the defendant is found to be primarily responsible for the accident, you may still receive compensation for medical expenses, lost income, property damage, pain and suffering, and other losses related to the accident.
It is crucial to work with an experienced personal injury lawyer like those at Kantor LLP Personal Injury Lawyers when dealing with a bicycle accident claim, especially if you were not wearing a helmet. They can help you navigate the complex legal system and provide valuable guidance on how to strengthen your claim. They will work to gather evidence to support your case, such as witness statements, accident reports, and medical records, and negotiate with insurance companies or opposing counsel on your behalf.
In summary, while not wearing a helmet during a bicycle accident in Alberta may affect the amount of compensation you receive, it does not automatically disqualify you from seeking damages. It is essential to consult with a knowledgeable personal injury lawyer like those at Kantor LLP Personal Injury Lawyers to evaluate your case, help you understand your rights, and guide you through the legal process to ensure you receive fair compensation for your injuries and losses.