Bicycle Accident Claims and Helmet Laws in Utah

Besides just being fun, cycling offers numerous benefits, promoting health, environmental consciousness, and leisure. As severe injuries rise as bicycle accidents increase, particularly those of cyclists riding without helmets, laws in Utah can be difficult.

Utah is one of several states in America that has no laws about bicycle helmets. Wearing a helmet while you ride is excellent protection and reduces the risk of head injuries in the event of an accident. Utah has other laws that outline safety measures bicyclists must take to ride their bikes legally in Utah. Even though the law doesn’t mandate wearing a helmet, it’s essential to grasp how not wearing one could impact any compensation claim you make after an accident.

Utah’s Bicycle Laws

Utah’s bicycle laws are spelled out in Title 41, Chapter 6, Part 11 of Utah’s Code of Laws. They include:

• An adult can carry a child in a sling or backpack while biking.
• No one may carry more people on a bicycle than it was designed to carry.
• No bicycle may be attached to a moving vehicle on a highway.
• Unless the bicycle has been designed for it, no bike can pull a trailer or semitrailer.
• If the cyclist can’t maintain the speed of traffic, they should ride as near the right-hand edge of the road as possible, unless they are overtaking, making a left turn, traveling straight through a right-turn only intersection, or avoiding unsafe road conditions.
• A bicycle should move in the same direction as traffic.
• Not more than two bicycles may ride side by side on a roadway except on paths or in bike lanes.

Impact of Helmet Use on Injury Claims

While wearing a helmet is not legally required for bicycle riders in Utah, helmet use can still play a significant role in injury claims following an accident. The severity of your injuries directly affects the value of your compensation claim following a bicycle accident.

If you were wearing a helmet at the time of the accident and still suffered traumatic brain injuries, it can demonstrate that the accident was particularly severe. It could also mean that you took reasonable precautions to protect yourself. This can work in your favor when negotiating a settlement or presenting your case in court.

If you were not wearing a helmet, the defense may argue that your injuries would have been less severe or even avoided entirely had you been wearing a helmet. In Utah law, this is known as comparative negligence. If you are deemed to be at fault 50% or more at fault, you will be barred from recovering compensation altogether.

Bicycle Accident Claims and Helmet Regulations

To maximize your compensation after a bicycle accident despite having no helmet laws in Utah, secure the services of a skilled personal injury attorney. These professionals will spearhead the investigation, gather evidence, and meticulously construct compelling personal injury claims in your defense.

Some key elements your attorney will consider when evaluating your bicycle accident claim include:

• Liability: To determine who caused the accident and who should pay for your losses, your attorney will gather evidence. This can include details on the parties involved, police reports, witness statements, and camera footage to establish fault.
• Injuries and losses: Your attorney will assess the value of your claim. This is done by calculating your medical expenses, lost wages, pain and suffering, and property damage.
• Insurance coverage: To identify potential sources of compensation, your attorney will review relevant insurance policies. This includes your own health and disability coverage, as well as the at-fault party’s liability insurance.

How Not Wearing a Helmet and Breaking Bicycle Laws Affects Your Case

If, during your bicycle accident, you were not wearing a helmet and you were breaking one of the bicycle laws in Utah when the accident occurred, it can affect your case in several ways. The defense may argue that failure to wear a helmet or protective gear and breaking the law could result in less severe injuries.

Utah’s comparative negligence law reduces your compensation for injuries if you share some blame. The insurer or a jury will assign a percentage of fault for your actions, and that percentage reduces your compensation. For instance, if they decide you were 30% at fault for the accident, they’ll reduce your compensation by 30%. If they decide you were 50% or more at fault, you’ll get no money.

It’s important to note that failing to wear a helmet does not automatically mean you are at fault. However, breaking one of the bicycle laws might make you partially at fault. Each case is unique, and many factors contribute to the outcome of a bicycle accident claim.

The Role of an Experienced Bicycle Accident Attorney

If you’ve been injured in a bicycle accident due to the lack of helmet laws in Utah, working with an experienced bicycle accident attorney can make a significant difference in the outcome of your case. Your attorney will:

• Investigate the accident. Your attorney can look into the accident, gathering evidence to build a strong case on your behalf. This can include police reports, witness statements, and medical records.
• Assess your losses. Your attorney will evaluate the full extent of your losses to ensure you pursue the maximum compensation. This includes medical expenses, lost wages, pain and suffering, and property damage.
• Negotiate with insurance companies. Insurance companies often seek to minimize payouts to accident victims. Your attorney will negotiate with the insurance companies to fight for a fair settlement.
• Advocate for you in court. Your attorney will be fully prepared to advocate for you in court if settlement negotiations fail.
• Advise you on bicycle laws and their impact. Your attorney will advise you on Utah’s bicycle laws and how not wearing a helmet affects your case. This enables you to make informed decisions throughout the legal process.

Contact a Bicycle Accident Lawyer Today

At London Harker Injury Law, our law firm understands a bicycle accident’s devastating impact on your life. Our knowledgeable Sandy bicycle accident attorneys and Provo bicycle accident attorneys are here to guide you through the legal process and protect your rights.

To learn more about how our team can help with your bicycle accident claim, contact London Harker Injury Law online today at 77CARCRASH for a free, no-obligation consultation. Our team of personal injury lawyers is ready to answer your questions, discuss your legal options, and provide the support you need to fight for the justice and compensation you deserve.