Generally, you are correct. Whether the bicycle rider is wearing a helmet affects his injuries and damages but not so much the "fault" or liability. Also, although the police report is one piece of evidence, it does not necessarily determine liability, especially if an independent investigation proves otherwise. If your brother sustained relatively serious injuries, it would be worth looking into and investigating.
Thanks, and feel free to follow up.
Witnesses and facts determined negligence issues. Your parents should consult a personal injury attorney to see whether or not they would be willing to undertake your brother's representation.
In the interim, no one should give any statement to the adverse insurance carrier nor grant them access to your brother's medical records until such time as your parents have been able to consult with a personal injury attorney on behalf of your minor brother.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.
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