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Bicycle accidents can happen anywhere—on busy city streets, quiet neighborhood roads, or crowded intersections. When a crash occurs, riders often suffer serious injuries, and one question comes up again and again: What if I wasn’t wearing a helmet? Does that mean you can’t recover compensation for your injuries?
The short answer is no. Maryland law does not automatically prevent you from filing a claim if you weren’t wearing a helmet. However, insurance companies may still attempt to use helmet use against you, making it all the more important to understand your rights.
What Does Maryland Law Say About Bicycle Helmets?
Maryland requires riders under the age of 16 to wear helmets when riding on public roadways, bicycle paths, and rights-of-way. Moreover, some local jurisdictions maintain their own rules. For example, Montgomery County requires helmets for bicyclists under the age of 18, while Sykesville requires helmets for all riders, regardless of age, including adults.
In any event, failing to comply doesn’t automatically bar you from filing a claim after a crash. The key question is not whether a helmet was worn, but whether the other party’s negligence caused the accident.
Will Not Wearing a Helmet Affect My Right to Compensation?
In Maryland, the legal standard is contributory negligence. Under this strict rule, if an injured person is found even 1% responsible for their accident, they may be barred from recovering compensation.
That said, not wearing a helmet is typically not considered a cause of the crash itself. A car running a red light or a driver failing to yield is the actual cause of many bike collisions. Helmets don’t prevent accidents; they only reduce the risk of head injury when one happens.
Still, insurers may argue that a helmet would have lessened the severity of injuries. This is especially common in cases involving concussions or traumatic brain injuries. While these arguments may not withstand scrutiny in court, they can complicate negotiations with insurance companies.
How Insurance Companies Use Helmet Defenses
After a bicycle crash, insurance adjusters may use every possible defense to limit what they pay. If you weren’t wearing a helmet, they may claim:
- Your injuries would have been worse without a helmet.
- You failed to mitigate your damages.
- You share responsibility for your condition, even if you didn’t cause the accident.
These tactics can deter victims from pursuing claims or prompt them to accept low settlements. This is where legal representation makes a difference. Our attorneys can effectively counter unfair arguments and refocus the case on the actual cause of the crash—the negligent driver or defective property condition that led to the collision.
What Types of Compensation Can Bicycle Accident Victims Seek?
Whether or not you wore a helmet, you may be entitled to pursue damages for:
- Emergency medical care and ongoing treatment
- Rehabilitation and therapy
- Lost income and diminished earning capacity
- Pain, suffering, and reduced quality of life
- Long-term care needs for severe or permanent injuries
Helmet use does not erase your right to seek compensation. The central issue is proving the other party’s negligence and documenting how the crash harmed your life.
Steps to Protect Your Claim After a Bicycle Accident
If you’re injured in a bicycle accident in Maryland, taking the proper steps early can strengthen your claim:
- Seek medical care immediately—documenting injuries is essential, even if symptoms seem minor.
- Gather evidence—photos of the scene, the damaged bicycle, and your injuries can all support your claim.
- Collect witness information—names and contact details help establish what happened.
- Be cautious with statements—insurers may twist words about helmet use or your role in the accident.
- Contact an attorney as soon as possible to secure evidence and protect your rights.
How McGowan & Cecil Can Help
At McGowan & Cecil, LLC, we represent bicycle accident victims in Laurel and throughout the state of Maryland. We investigate every detail of the crash, collect medical and accident evidence, and work with experts to show the actual cause of your injuries. We also know how to counter insurance companies when they try to use helmet defenses against you.
Our firm understands how contributory negligence can complicate Maryland claims, and we take an active role in making sure our clients aren’t unfairly blamed for their injuries. Contact us today so we can start working on your claim.