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McComb Witten Marcoux

I was in a bike accident and wasn't wearing a helmet - do I still have a claim?

Jeffrey S. Witten, B.A., LL.B.
Personal Injury Lawyer at McComb Witten Marcoux

Blog Category:
10/17/2013
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You were in a bike accident. You got injured. And to top it off you weren't wearing your helmet at the time. So, do you still have an ICBC injury claim? Yes... but. The real question here is whether the fact that you weren't wearing a helmet will impact/effect your ability to get properly compensated for your injuries. The short answer is .... it all depends. Would a properly worn bike helmet have lessened or potentially prevented the injuries you suffered as a result of your accident? If yes, well then ICBC will likely allege that your failure to wear a helmet contributed towards your injuries. It's called "contributory negligence". And in essence it means that you're looking at taking a discount on any compensation you may be entitled to for your injuries and losses. If no, then the fact that you weren't wearing a helmet at the time of your accident is irrelevant. A red herring. Want to talk about how to deal with your bike accident claim? Drop me a line at [email protected] Jeff Witten

Category: Bicycle Accidents

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