protecting yourself as a cyclist
TRANSCRIPT
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Protecting Yourself as a Cyclist
Living in a large metropolitan city means cyclists abound, and there is a chance you
may be one yourself. This blog will give you a bit of information about bicycling injuries and
legal issues.
The general opinion of all medical
professionals is a helmet is the most important piece of safety equipment a cyclist
can have. A properly fit helmet will help reduce and possibly prevent injuries from
accidents. State laws, however, do not always require a helmet for a bicyclist.
Motorcyclists, on the other hand, are almost universally required to wear a helmet when
riding.
What is important to consider, are the legal ramifications of cycling on a public thoroughfare. You may be in an accident on a bicycle, and if so, you
will need to be aware of what rights you have in an accident.
If for no other reason to wear a helmet, the law is not on your side if you do
not wear a helmet. The law considers a cyclist who chooses not to wear a helmet as negligent and will be responsible, up to the total amount, for any
head injuries.
There are three major state laws on cyclists and helmets all based on negligence. Here are some examples.
Pure comparative negligence – Some states will allow a cyclist to recoup
some compensation, helmet or not.
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Modified comparative negligence – There is a limit of compensation available for the injured.
Contributory negligence – This is the most severe. Any cyclist who
chooses not to wear a helmet will be unequivocally denied any compensation for injuries sustained.
The safest choice is to wear a helmet regardless of the state law. This way
you will be protected should you be injured in any accident while on a bicycle.
If you have been injured while on a bicycle, you do have rights and the
opportunity for compensation. Contact the professional attorneys at Lipschutz & Friedman for a free initial consultation on your specific options.
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