Can a Bicyclist Still Recover Compensation Even if They Weren’t Wearing a Helmet?

In Massachusetts, technically, if you’re under 16, you need to be wearing a helmet. Over 16, there are no laws.

It doesn’t hurt your case if you’re not wearing a helmet, even as a child because, you know, let’s face it, kids are kids.

If you’re a bicyclist and you’re minding your own business and you get hit by a car, it’s that car’s fault. It’s not the car’s fault that you’re not wearing a helmet, it’s the car’s fault because they weren’t paying attention.

With a younger child, it can bring in some comparative negligence because the parent really should have been taking a little bit more care of their kids. Is it going to impact your case in a negative way? No, absolutely not.

Does it buy recovery if your injuries are worse because you weren’t wearing a helmet? No, it does not. Insurance companies will want to try to say that, but again, it’s not the person’s fault if they get injured. If you have a brain injury and you weren’t wearing a helmet, the insurance company owns it. The driver was at fault, the insurance company owns it. It’s part of that whole eggshell theory.