A driver hit and injured me while I was riding my bike without wearing a helmet. Can I still file a personal injury insurance claim?

North Carolina state law does not require bike riders who are older than 16 years of age to wear bicycle helmets. Additionally, the statute that mandates bike helmets for children, NCGS 20-171.7, contains a clause that states, “No negligence or liability shall be assessed on or imputed to any party on account of a violation.”

In plain English, you can file a personal injury insurance claim against a car or trucker driver as long as you can prove that the driver caused the crash that injured you while you were riding your bicycle. Your claim may be denied for one reason or another, but the insurance company cannot refuse to consider it just because you did not wear a helmet.

EJL

Eric K. Washburn
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Personal Injury & Wrongful Death Lawyer Serving Va Beach, Norfolk, Chesapeake & all of Virginia