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McComb Witten Marcoux

"Wearing a Bike Helmet - It Might be More Important than you Think"

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

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Here's the thing - failure to wear your bike helmet might not have caused your accident. But, NOT wearing a helmet MAY have contributed to your head injury. And if a judge or jury agrees with the argument that a bike helmet would have probably prevented ( or lessened) your injuries ---- the amount of compensation you're awarded will be affected. Here's how it works. Lets say you were involved in a bike accident, weren't wearing a helmet and suffered a head injury. You can bet the farm that ICBC will argue that you could have prevented your head injury by wearing a bike helmet. The big question is whether ICBC can PROVE that your failure to wear a bike helmet caused or contributed to your head injury. It's not just a given. ICBC has to PROVE this allegation. BUT BEWARE, if ICBC manages to successfully make this allegation stick - judges will often reduce any amount of compensation you're awared by 25% for what's called "CONTRIBUTORY NEGLIENCE". This term ( contributory negligence) means that you "CONTRIBUTED" towards your own injuries. And that as such you should be penalized for your lack of care. Interested in talking about the connection between failure to wear a bike helment and compensation for your injuries? Call me at 604-255-9018 or drop me an e-mail at [email protected]

Category: Bicycle Accidents


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