Helmets are believed to absorb impact and reduce the risk of head injuries during traffic crashes. While they actually offer significant protection during collisions, they are not entirely foolproof. In fact, many cyclists who suffer crashes while wearing helmets still experience concussions, skull fractures, or other forms of head trauma. This makes many cyclists wonder if they can sustain a head injury even while wearing a helmet. The answer is yes, especially in high-impact collisions where the force exceeds what the helmet can withstand.
When this happens, the legal implications can be challenging. You must consider how driver negligence played out in your case to secure justice. In such cases, it is highly advisable to work with a traumatic brain injury attorney to protect your legal rights and pursue appropriate compensation.
Read on to understand your legal options and how to assert your claim after a serious crash.
Can Helmets Really Prevent Head Injuries?
Helmets are designed to reduce the severity of head injuries by managing the energy produced during a collision. The outer shell helps resist penetration and disperses the force of impact, while the interior foam lining compresses to absorb shock and slow the head’s momentum. This layered protection reduces the risk of skull fractures, brain bruising, and other forms of traumatic brain injury.
To ensure this protective function is reliable, helmets sold in the United States must comply with safety standards set by the Consumer Product Safety Commission (CPSC). To meet these standards, a helmet must pass a series of rigorous performance tests, including:
- Impact Attenuation Testing: This measures how effectively the helmet absorbs shock during a collision, minimizing the amount of force that reaches the skull and brain.
- Strap Strength and Retention System Tests: These assess whether the helmet’s straps and fastening systems can remain secure under stress, ensuring the helmet stays on the cyclist’s head during an accident.
- Positional Stability Testing: This ensures the helmet does not shift out of place during impact, so the most vulnerable areas of the head remain covered.
Helmets that meet the stipulated standards are labeled accordingly and are considered safe for consumer use. While no helmet can offer complete protection in every scenario, those that pass CPSC testing have been instrumental in preventing countless fatalities and reducing the severity of long-term head injuries following accidents.
How Do Riders Suffer Head Injuries When Wearing A Helmet?
Even when a cyclist wears a helmet that meets federal safety standards, head injuries can still occur due to the complex nature of real-world crashes. Helmets are designed to offer a controlled level of protection, but they are not impervious to the physical extremes involved in high-speed or unusual impacts. There are some factors that often determine whether a rider sustains a head injury despite wearing protective gear.
Impact
Helmets are tested to withstand a certain range of impact forces, usually those associated with falls from a bike or moderate collisions. However, during serious crashes, hard surfaces can generate far greater forces than what helmets are designed to absorb. In such cases, the helmet may compress fully or even crack, leaving the head vulnerable to secondary trauma. Some scenarios involving high-impact forces include:
- High-speed crashes generate significantly more kinetic energy, increasing the risk of the helmet’s foam liner compressing fully and transmitting force to the skull.
- Multiple impacts, such as hitting the ground and then a stationary object, can cause cumulative damage, as many helmets are only rated for a single major impact.
- Blunt-force trauma from heavy objects such as vehicles and guardrails may exceed the helmet’s structural integrity, leading to skull fractures or traumatic brain injuries (TBI).
While the helmet may reduce the severity of the injury, it cannot always prevent the brain from striking the inside of the skull, which can result in a concussion or more serious internal damage.
Angle and Direction of Impact
The angle at which a cyclist’s head strikes the ground or another object also plays a significant role in injury risk. Helmets are most effective at managing linear impacts, direct hits that come straight down or head-on.
However, many real-world crashes involve oblique or rotational impacts, where the head hits the surface at an angle. Such impacts can cause the head to twist violently, leading to diffuse axonal injury (DAI) or concussions, even without visible helmet damage. Most standard helmets offer limited protection against rotational forces, making certain types of impacts more likely to cause significant trauma.
Also, glancing blows may cause the helmet to slide off partially, exposing the skull to direct trauma. Neck hyperextension or whiplash may also occur if the impact jerks the head backward, potentially causing cervical spine injuries alongside brain trauma.
Fit and Quality
A helmet that does not fit correctly cannot provide proper protection, even if it meets all safety standards. A loose helmet may shift on impact or fail to remain in position, leaving parts of the head exposed.
Conversely, a helmet that is too tight may sit too high or low, interfering with its ability to absorb shock effectively. In addition to fit, the build quality and condition of the helmet also matter. Helmets that have been dropped, stored improperly, or subjected to prior impacts may have compromised structural integrity, reducing their ability to protect during a subsequent crash. Low-cost helmets that barely meet safety thresholds may also lack advanced protective features that higher-end models offer.
Types of Head Injuries You Can Suffer Even While Wearing a Helmet
In many accident cases, injuries can still occur despite helmet use. Helmets are meant to reduce the intensity of head injuries, not to make cyclists invulnerable. Some of the most common head injuries sustained in these scenarios include:
Concussions
A concussion is a less serious traumatic brain injury caused by an abrupt blow to the head. Even if the skull itself is not fractured, the brain may shift and collide with the interior of the skull, disrupting normal function. Helmets may reduce the impact, but they cannot always prevent the rapid movement of the brain inside the cranial cavity, especially in angular or rotational impacts.
Contusions and Brain Bruising
Direct impact to the head is associated with cerebral contusion, which involves bruising of the brain tissue. This can occur when the brain is compressed against the skull due to the force of a crash. While helmets may soften the blow, they cannot fully eliminate the risk of internal injuries from high-force or secondary impacts.
Skull Fractures
Though rare with helmet use, skull fractures can still occur, particularly in severe collisions. If the impact force exceeds the helmet’s capacity to absorb shock, such as in a collision with a motor vehicle, the underlying bone may crack or break. This is more likely if the helmet was poorly fitted, defective, or previously damaged.
Intracranial Hemorrhage
Bleeding inside the skull, such as subdural or epidural hematomas, can develop after blunt force trauma. These injuries may not present immediately, but can become life-threatening without prompt medical attention. Helmets reduce the risk of skull penetration but cannot always stop blood vessels within the brain from rupturing under extreme force.
Diffuse Axonal Injury (DAI)
DAI occurs when the brain rapidly shifts inside the skull, causing widespread damage to nerve fibers. This is often the result of rotational or shearing forces, which standard helmets are not specifically designed to prevent. DAI can lead to long-term cognitive impairment, coma, or even death, depending on severity.
Facial and Dental Trauma
Most standard bicycle helmets are designed to protect the upper part of the skull but leave the face exposed. As a result, cyclists may suffer fractures to the jaw, cheekbones, or nose in a frontal collision. Dental injuries are also common in face-first impacts. Full-face helmets offer more coverage but are not commonly worn by road cyclists, increasing vulnerability in certain crash scenarios.
How Much Head Injury Compensation Can I Receive?
The compensation you may be eligible for after sustaining a head injury is influenced by several key factors. The outcome of your claim is based on the facts of your case and the legal principles concerning liability and damages. It’s essential to assess these elements thoroughly to arrive at a fair and comprehensive settlement. A bike accident attorney can ensure that every potential loss is accounted for and that your claim fully captures the extent of your damages.
Some factors that can affect your overall recovery include:
Whether You Were Wearing a Helmet
While the law does not always require cyclists to wear a helmet in some jurisdictions, failure to do so can adversely impact your claim. Insurers may claim that your injuries were so severe because you chose not to wear protective gear. This argument can lead to a reduced settlement or court award, even if the other party was primarily at fault.
Severity of the Injury
The extent of your head injury plays a central role in determining compensation. Minor concussions may result in temporary discomfort, while traumatic brain injuries can lead to prolonged cognitive or physical impairments. More severe injuries typically result in higher compensation to account for prolonged treatment, permanent disability, and diminished quality of life.
Medical Expenses
All medical costs tied to the injury, including future treatment needs, are included in the valuation of your claim. Accurate documentation of these expenses is critical, as insurers and courts rely heavily on medical evidence to establish the financial impact of the injury. Your lawyer will help collect and compile all medication documents to prove your claim effectively.
Lost Earnings and Earning Capacity
If your injury forced you to miss work, you can claim compensation for lost income. In more serious cases, where your ability to return to your previous occupation is compromised, you may also be entitled to damages for lost future earning capacity. This includes not only income but also the value of lost employment benefits and career advancement.
Insurance Coverage
The recovery you receive may also be limited by the insurance policies involved. If the at-fault party is underinsured or uninsured, your recovery can be restricted unless you have applicable coverage under your own policy, such as uninsured/underinsured motorist protection.
Insurance Policy Limits
Even when liability is clear, and damages are well-documented, your recovery may be capped by the policy limits of the at-fault party’s insurer. In such cases, pursuing additional compensation may involve suing the at-fault party directly or seeking relief from other potentially liable entities, such as municipalities or manufacturers.
How A Personal Injury Attorney Can Help With A Head Injury Claim
Pursuing compensation for a head injury sustained in an accident involves more than filing paperwork to initiate a claim. It requires a precise understanding of legal standards, medical documentation, and liability strategy. Having a personal injury attorney is key to strengthening your claim at every stage of the process. Some key roles of a lawyer in a head injury case include:
Establishing Liability
One of the first tasks an attorney undertakes is identifying the at-fault party and gathering evidence to prove their negligence. This may involve collecting accident reports, witness statements, surveillance footage, or expert opinions on how the crash occurred. When insurers attempt to shift blame or argue shared fault, your attorney can present counter-evidence to preserve your right to full compensation.
Assessing and Documenting Damages
Properly valuing a head injury claim involves more than tallying immediate medical bills. A personal injury lawyer will work with healthcare providers to project long-term treatment needs, identify hidden costs like cognitive therapy or future surgeries, and factor in lost income and reduced earning potential. With this comprehensive approach toward damages, you can seek and secure settlements that reflect your actual losses.
Negotiating With Insurers
Insurance adjusters may offer quick settlements for the lowest possible amount. An attorney acts as a buffer between you and the insurer, negotiating on your behalf with a clear understanding of what your case is worth. This is especially important in head injury claims, where symptoms may evolve over time, and early offers rarely reflect the full impact of the trauma.
Preparing for Litigation
If a fair settlement cannot be reached, a personal injury attorney can take the case to court. This involves preparing legal pleadings, presenting compelling evidence, examining witness accounts, and arguing your case in court. The threat of litigation alone often encourages insurers to offer more reasonable settlements.
Ensuring Legal Compliance and Timeliness
Head injury claims are subject to strict filing deadlines and procedural requirements, which vary by state. Missing a legal deadline or failing to submit required documentation can jeopardize your case. An attorney ensures that every aspect of your claim complies with the relevant legal standards and is filed within the statute of limitations.
Get Legal Support for Your Head Injury Case
Sustaining head injury in a bike accident can cause long-term physical, emotional, and financial consequences. If you or a family member has suffered an injury, it’s highly advisable to have legal support on your side. A personal injury attorney can take up the challenges of your claim, from establishing liability to securing the compensation you deserve.
A California personal injury lawyer will ensure your rights and interests are honored and you obtain timely justice. Contact a lawyer immediately to schedule a consultation.