Cycling is a popular and eco-friendly way to get around in California, especially in busy cities like Los Angeles and San Francisco. But bicycle accidents remain all too common, often leaving riders with serious injuries. One question we hear often at Hillstone Law is: Can I still sue if I wasn’t wearing a helmet during my accident?

The answer may surprise you.

California Helmet Laws

Under current California law:

• Cyclists under 18 are required to wear helmets.
• Adults are not legally required to wear helmets (a change made in 2015).

Although helmets are proven to reduce head injuries and save lives, the law does not penalize adults for choosing not to wear one. That means not wearing a helmet does not automatically prevent you from filing a personal injury claim after an accident.

How Fault Works in California Bicycle Accidents

California follows a comparative negligence system, which divides fault among all parties involved in an accident.

For example:

• If you are found 50% at fault and the driver is 50% at fault, your compensation award would be reduced by half.
• If your total damages were $200,000, you would still recover $100,000.

Importantly, an adult rider cannot be assigned fault simply for not wearing a helmet. Your decision not to wear one cannot legally reduce your right to compensation.

The Challenges Cyclists Face Without Helmets

While the law protects your right to sue, not wearing a helmet can make your case more difficult in practice:

• Insurance adjusters may argue that your injuries could have been less severe if you wore a helmet.
• Police reports might note that you weren’t wearing a helmet, casting doubt on your case.
• Witness statements can also affect how fault is perceived.
• Juror bias may exist since some people assume a cyclist without a helmet is being reckless.

Even though these arguments don’t change the law, they can affect how much compensation you actually recover.

What Compensation Can Injured Cyclists Recover?

If you’ve been injured in a bicycle accident, you may be entitled to compensation for:

• Medical bills (emergency care, hospital stays, rehabilitation, and ongoing treatment)
• Lost wages and future earning capacity
• Pain and suffering
• Emotional distress
• Bicycle repair or replacement costs
• Long-term care if your injuries result in disability

Why You Need a Bicycle Accident Attorney

Insurance companies often try to take advantage of cyclists who weren’t wearing helmets, hoping they’ll accept less compensation than they deserve. At Hillstone Law, our bicycle accident attorneys know how to fight back against these tactics. We will:

• Investigate the accident thoroughly
• Challenge any unfair claims that your lack of a helmet caused your injuries
• Gather medical and accident evidence to strengthen your case
• Handle negotiations with the insurance company
• Take your case to court if needed to pursue maximum compensation

Protect Your Rights After a Bicycle Accident

Not wearing a helmet does not strip you of your right to seek justice in California. If you’ve been injured in a bicycle accident — with or without a helmet — Hillstone Law is here to help you secure the compensation you deserve for your recovery.