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Bicycling is a popular mode of transportation and recreation in Memphis, but it comes with significant risks, especially when sharing the road with negligent drivers. When a bicycle accident occurs, injuries can be severe, and one of the most common questions we hear is: “Does it matter if I was wearing a helmet?” The answer can be complex, depending on the circumstances.
While Tennessee law doesn’t always require helmet use, especially for adults, it can still influence how your personal injury claim is handled. Here, our Memphis personal injury lawyers at The Gold Law Firm explain.
What Tennessee Law Says About Bicycle Helmet Use
Tennessee law requires anyone under the age of 16 to wear a helmet while riding a bicycle. Adults, however, are not legally required to wear one. This distinction is important—failure to wear a helmet does not automatically disqualify an injured adult cyclist from recovering compensation. Still, insurance companies may try to use it against you when negotiating a settlement.
If a child under 16 is not wearing a helmet and is injured, it could potentially complicate the claim. However, fault in a personal injury case still centers on negligence, and drivers have a duty to operate their vehicles safely around cyclists of all ages.
Does Not Wearing a Helmet Affect Liability?
In Tennessee, we follow a modified comparative fault rule. This means if you are found to be partially at fault for your injuries, your compensation may be reduced by your percentage of fault, as long as you are less than 50% responsible.
Insurance companies may argue that failing to wear a helmet contributed to your injuries, especially in head trauma cases.
However, they must prove that:
- You suffered head injuries that would have been reduced or avoided with a helmet, and
- Your failure to wear a helmet directly contributed to the severity of your injuries.
If your injuries involved broken bones, road rash, or other trauma unrelated to the head or neck, helmet use likely has no bearing on your case.
What Matters Most in a Bicycle Injury Claim
At The Gold Law Firm, we focus on the most critical question in any personal injury claim: Was the driver negligent? Memphis has one of the highest per-capita rates of fatal car crashes in the nation, and many of those involve vulnerable road users like cyclists.
Common causes of bicycle accidents include:
- Distracted or impaired driving.
- Failure to yield.
- Dooring (opening a car door into a cyclist’s path).
- Speeding or reckless driving in residential areas.
Whether or not you were wearing a helmet, the negligent driver’s actions are the foundation of your case, not your headgear.
Get Legal Help From a Skilled Memphis Bicycle Injury Attorney
If you or your child were injured in a bicycle crash in Memphis, don’t let concerns about helmet use stop you from seeking justice. The Gold Law Firm has helped over 5,000 injury victims pursue fair and full compensation, and we’re ready to help you too.
Contact our Shelby County personal injury attorneys today by calling or texting (901) 244-5003 or contact us online for a free consultation. We don’t get paid unless you win.
