We get called a lot in California, especially in Los Angeles for motorcycle riders. You know, most of the time they’re obeying the law, riding their bike safely, wearing a helmet, protective gear. But, there are a handful of individuals that do not wear a helmet for their own safety. The vehicle code requires all bicyclists and all motorcycle riders to wear a helmet. That’s just the law, we can’t rewrite it right now.

But, if somebody gets into an accident and they’re not wearing a helmet, whether it’s on a motorcycle or on a bicycle, the insurance company will use that fact as a way of arguing that you were comparatively negligent or comparatively at fault in bringing about your own harm.

So, the answer the question, “Can I still file a claim if I’m not wearing a helmet?” The answer is yes, 100 percent. Absolutely. Because, one’s own negligence does not negate the duty of others to operate their motor vehicles safely and prudently in California. But, the insurance companies’ job and the insurance defense lawyers’ job is to find a way to pick at the case so that they don’t have to pay as much.

So, not wearing a helmet is never a good thing irrespective of the value of the case but, obviously, for one’s own safety which is always my own concern. I’m routinely mountain biking in the foothills in my area. I’m always riding with a helmet. But, wearing a helmet, it’s gonna give rise to a comparative fault or comparative negligence argument by the defense which is, something their allowed to do, it’s codified in the jury instructions. And, it will often act to reduce the damages that a jury will award you.