Originally Posted by
I-Like-To-Bike
No one can prove or disprove what someone "might" claim in a future court case. Someone "might" claim ANYTHING, no matter how preposterous or irrelevant. Of course that is no evidence that such a claim was ever made, much less successfully made, in the past. Or will be successful in the future.
...
FWIW it does come up sometimes in states where fault is allocated by comparative negligence. You may want case cites and the ultimate resolutions, but I'm not going to say one way or the other how well that works in municipal and magistrate courts, nor in settlements. It's not that easy to get that information. But it's reasonable to say that wearing a helmet avoids it in the first place.