Banning Bicycle Helmet Laws

Wearing a properly sized and secured safety helmet while riding is one of the most effective measures you can take to reduce your risk of suffering serious head trauma in a bike crash. However, unlike with motorcycles and motorcycle helmets, the Golden State does not universally require everyone who rides a bicycle on public roads to wear a helmet while riding. There are many circumstances under which it is perfectly legal to ride without any safety gear whatsoever.

That said, understanding and complying with Banning bicycle helmet laws can still be key to protecting your right to sue after a bike accident caused by someone else’s negligence. In fact, as a bike injury attorney from Walter Clark Legal Group can explain in more detail, choosing not to wear a helmet can sometimes affect your ability to seek civil restitution after a wreck, even if you were not required by law to wear one.

Who Is Required to Wear Bicycle Helmets While Riding?

Most of the rules established under California state law regarding bicycle operation in public spaces can be found in California Vehicle Code §21212. According to this statute, every person under the age of 18 who is either operating a bicycle themselves, riding as a passenger on a two-seater bicycle, or riding in a sidecar or trailer attached to a bicycle must wear a safety helmet meeting the standards set by the American Society for Testing and Materials (ASTM) and/or the United States Consumer Product Safety Commission.

This helmet requirement also applies to minor children who are riding nonmotorized scooters, skateboards, and either in-line or roller skates, and it is considered to be in effect on both public mixed-use streets and on dedicated bicycle riding paths. However, bicycle riders and passengers in Banning who are over the age of 18 are not required by this law or any other to wear safety helmets of any kind while riding.

Bicyclist Helmet Use and “Comparative Fault”

There are two primary ways in which failure to wear a bicycle helmet while riding could result in legal consequences for an adult who is not subject to bicycle helmet laws in Banning. First, if a minor child is found to be riding a bicycle without a proper safety helmet on, their parent(s) or legal guardian(s) hold joint and several liability for any civil penalties assessed against that child for their violation of state law, which usually equate to a fine of $25.

More significantly, someone who suffers a head injury from a bike wreck in part because they were not wearing a safety helmet at the time may have a percentage of “comparative fault” assigned to them by the court overseeing their case, or by a private insurance company acting with the knowledge that a court would support them if needed. Then, that court or insurance company could reduce the total amount of compensation available to that injured person in proportion to that percentage, even if someone else was 100 percent to blame for causing the collision itself.

Our Attorneys Can Answer Any Questions You Have About Bicycle Helmet Laws in Banning

Regardless of what Banning’s bicycle helmet laws say, any experienced bicycle accident lawyer will strongly recommend that you wear a helmet every time you ride. Unfortunately, even wearing appropriate safety gear cannot completely eliminate the risk that someone else’s negligence will lead to you suffering serious harm in a bike accident.

If that has happened to you, the team at Walter Clark Legal Group can help you demand comprehensive compensation for your losses from every single person who played a role in causing them. Call today to discuss your options and start working on your claim.