Although there are no helmet requirements for bicyclists in Aurora, the physical protection of the head can certainly prevent fatalities due to traumatic brain injuries. Whether a person is getting hit and slammed into someone’s windshield or hitting the concrete on the ground after flying off a bicycle, a helmet is a huge protection for the most important part of the body.
To best understand the role of bicycle helmets in Aurora and how they may protect you from injury or help in recovering monetary compensation, an individual should not hesitate before contacting an Aurora bicycle accident attorney immediately.
Impact on Damages
There are no laws requiring that a person wear a helmet in Aurora, however, it can have an impact on recoverable damages. An individual cannot receive a citation from a police officer for not wearing a helmet, but if a bicyclist is involved in an accident with a motor vehicle, the use of a helmet can affect the damages. The presence of a helmet in an Aurora bicycle accident case can significantly impact damages.
A lot of insurance companies claim that had the bicyclist been wearing a helmet, they would not have sustained a traumatic brain injury. They may try to reduce the damages for that reason.
It is similar to the argument of two cars getting into an accident and one person not wearing their seatbelt and flying out of the car. They are going to assert comparative fault onto the person not wearing the seatbelt, because if they were wearing a seatbelt, they would not have flown out of the car. Wearing a helmet ensures that the insurance company cannot assert any comparative fault onto the bicyclist for not wearing a helmet.
The difference is, though, at the end of the day, legally, it is the law to wear a seatbelt. There is no such law requiring helmets. Legally there are no ramifications, but definitely, an argument that people may buy into concerning the role of a helmet in an Aurora bicycle accident.
Contributory or comparative negligence in Aurora is when an injured person is at fault in some way for causing the accident. They can potentially be barred from recovery if their fault is equal to or greater than that of the defendant or the combined fault of the defendants. In Aurora, a plaintiff must be less than 50% at fault in a certain situation.
If they are assigned less than 50% fault, the amount of their recovery is still going to be reduced by the percentage of fault. For example, if they assert 20% contributory negligence onto a bicyclist because they swerved or did some erratic movement to contribute to or cause the injury, or blew a stop sign, their recovery would be reduced by that 20%.
Laws on Helmet
Contributory negligence applies is very analogous to a seatbelt argument. If a person is not wearing a seatbelt in a car accident and flies out of a car, the insurance company will claim they would not have flown out of the car had they been wearing that seatbelt. This is similar to a helmet with a bicyclist. If a person suffers a traumatic brain injury, the defense might claim that they suffered brain injury because they were not wearing a helmet. They will deny payment for treatment received for the injury because it may have been avoided by wearing a helmet.
However, when it comes down to litigating the case, these are arguments that can be made, but it is not a requirement to wear a helmet. Unlike wearing a seatbelt, not wearing a helmet does not mean that the person is going against the duties of the roadway. Legally, a judge would instruct the jury that it is not the law in Aurora, Colorado to wear a helmet, and they should not assess fault on someone if they are not breaking the law, but it does happen.
Benefit to the Case
If a person is presenting the case to a jury, the fact that the person was wearing a helmet and doing everything right and they were still injured is helpful to the case. The person appears more credible, as if they are the type of cyclist who is out there to get from Point A to Point B, enjoying the ride, and not being careless. They are taking all the precautions necessary to travel safely.
It is definitely a positive thing for an individual to protect themselves, as the role of a helmet in an Aurora bicycle accident can have a significant impact on damages.