Bring up the subject of bicycle helmets. However, the debate about whether bicycle helmets should be mandatory will rage within the cycling community anytime you bring up the topic. Many governments enacted helmet laws in the late 1980s and early 1990s. E-Bicyclists Required to Wear Helmet.
In the perspective of the law, wearing an unapproved helmet is the same as not wearing one. "It's really unlikely that these disparities and citation issuance come out of a situation where police are enforcing this law equitably, " said Ethan C Campbell, a doctoral student at the University of Washington. None of these things are deal-breakers when you have an experienced California bicycle accident lawyer on your side. After a personal injury, contact the attorneys at Sally Morin Personal Injury Lawyers. That means the maximum compensation you might receive is 80% of your total damages. If you chose to not wear a helmet and you were involved in a San Diego bike accident, come discuss your accident with our firm. Keep at least one hand on the handlebars to keep the bike in control. When riding on privately owned properties, such as in one's yard or driveway, helmet laws may not apply. Although Bike Helmet Laws are not widely available throughout the United States, you should still wear a helmet when participating in bicycle traffic to ensure your safety. According to Sargent Robert Hill of the Los Angeles County Sheriff's Traffic Safety Operations, the bike helmet law in California was enacted to take the financial burden off of the parents while still providing an incentive to get the kids to wear helmets. The cyclist must remain in the bike lane whenever there is one, and they must ride at a slower speed than the flow of regular traffic while moving in the same direction. States that do not require bicycle helmet laws: Colorado, North Dakota, Idaho, Iowa, Indiana, Wyoming, Minnesota, Nebraska, Arkansas, South Dakota, South Carolina, Utah, and Vermont. In California, anyone who rides on a motorcycle or motorized bike is required to wear a federally-approved helmet. But there is much greater risk in being sedentary.
This excellent editorial on that study — reproduced on our website with permission from BMJ — helps elucidate its findings. What to Do After a San Diego Bicycle Accident - March 4, 2020. When coming back from the rain, you should pay attention to drying the helmet to avoid rainwater seeping in and quickly damaging the helmet. Sally Morin Personal Injury Lawyers are here to help you understand your rights and decide on your next move. These standards can come from either the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC). California Requires All Riders to Wear a Helmet. For example, you can never predict when the automobile in front of you will lane change or open its door. And helmets are expensive for many low-income people who rely on a bicycle to get to work or school. Will Mandatory Bicycle Helmet Laws Save Them From The Drivers Who Are Taking Their Lives? No US states require adults to wear helmets when riding bicycles, but half of them need cyclists under a certain age to wear helmets, which is the law for cyclists. Bike helmets are designed in several ways, but all of them offer, at the very least, head and brain protection. This article covered bicycle helmet laws, how laws are enforced, and why you should wear a bike helmet. California is a "comparative negligence" state, and the cyclist's lack of a helmet when the law required one could result in some percentage of the liability for the cyclist's injuries being apportioned to the cyclist. When we examine the information available from the Centers for Disease Control and Prevention (CDC), we see that individuals should look for helmets that say "U. S. Consumer Product Safety Commission (CPSC) certified. "
There is no lateral or vertical movement when it is fastened. Trade and Transportation Talent Pipeline Blueprints: Building University-Industry Talent Pipelines in Colleges of Continuing and Professional Education|. Helmets are made to decrease the force of hitting your head on concrete and may even save your life.
Return to the Pedestrian & Bicycle Accidents in California Frequently Asked Legal Questions page. In the wake of 2020's racial justice protests, Central Seattle Greenways formed a helmet law working group. This is true even if the rider contributed to the accident or their injuries in some way (for example, by breaking a California vehicle code such as not using a white or yellow reflector or not wearing a helmet, etc. The video helped start a conversation in Seattle questioning the fairness of the 1993 bike helmet law. However, head injuries are common in bicyclists who do not use helmets.
So you might be found to be 50% at fault for the accident and the other person is 50% at fault. Make a 90-degree turn to the left and proceed as if you were coming from the right, or stop and cross the street like a pedestrian in the crosswalk. Violating a helmet law doesn't risk just your physical safety—it also risks your chance of getting compensation from an at-fault driver if you're injured in a collision with a vehicle. However, the amount of damages you can recover is reduced by your own degree of fault. Unlike the bicycle helmet law in Oregon, where cyclists are exempted from the requirement to wear a helmet if it would violate their religious belief or practice, 7 in California the bicycle helmet law applies to every cyclist under the age of 18, regardless of religious belief of practice.
Disclaimer: This content should not be construed as legal advice. UBC Medical Journal. How to get the full replacement value property damage estimates for your bicycle. If you should've had a helmet on and didn't, the defendant's insurance company will allege you contributed to your own injuries.