Originally Posted by
I-Like-To-Bike
Just as reasonable to say, (assuming that it is legal for adults to ride without a helmet) as not riding a bicycle in traffic, or perhaps not taking the lane avoids claims of comparative negligence for not driving a "safer" vehicle in traffic.
Again, ANYTHING "might" be presented in court, no matter how preposterous or irrelevant.
All I can say is that I have seen claims of comparative negligence with respect to the helmet, and not about those other things. Making up unreasonable examples of what "might" be claimed is inconsequential to the fact that not wearing a helmet sometimes "is" claimed as comparative negligence.