Should I Wear a Bicycle Helmet?

This question has an easy answer: Yes, you should definitely wear a bicycle helmet every time you ride. However, not everyone believes that wearing a bicycle helmet is a good idea.

Whether you think they are uncomfortable or inconvenient, the well-versed Personal Injury lawyers at Jan Dils Attorneys at Law review why helmets should be an essential component of your cycling gear. So, keep reading to learn more about your safety on two wheels and how our helmet laws generally work.

Who Must Wear a Bicycle Helmet?

Many states have laws that specify who must wear a helmet, such as a Child Bicycle Safety Act. This federal legislation passed in 1994 and requires children under a certain age to wear an approved helmet, both when they are riding or are a passenger on a bicycle.

Many states have their own versions of this Act, including West Virginia. It requires a child’s parents or guardians to ensure children under the age of 15 are wearing a helmet while riding on public roadways and designated bicycle paths. Caregivers who fail to ensure their children are wearing an approved bicycle helmet could face fines per state code § 17C-11A-4. It is important to remember that state law does not negate county or city laws, which may have their own, more stringent requirements.

Who Should Wear a Bicycle Helmet?

While helmet laws for adults vary by state and locality, wearing one is still a good idea. Here are a few reasons why all riders should wear a helmet:

• Injury Prevention: Bicycle helmets can reduce your risk of head injuries by up to 60 percent. Whether you are in an accident or simply take a tumble, this crucial piece of headgear would protect your skull from impact.
•  Increased Visibility: A leading cause of bicycle accidents is a driver not seeing the rider. A brightly colored helmet helps you stand out during the day. Additionally, many helmets have reflective surfaces or flashing lights that also make you more visible to drivers at night.
• Setting an Example: If you want your children to wear helmets, it is a good idea to set an example and wear one yourself.

Bicycle Helmets and Personal Liability

If you suffer a serious head injury in an accident while not wearing a helmet, an insurance company could argue that you were partially at fault for your own injuries. Their claim might be that your head injuries would have been less severe if you had been wearing a helmet.

Many states follow some version of a comparative negligence rule. This means that if you are found to be partially responsible for your own injuries, you may not be able to recover the full amount of damages from the other party. To protect your health and your potential injury claim, it is always best to wear a helmet.

Schedule a Free Consultation With Us to Discuss Your Use of a Helmet After a Bike Crash

If you were in a bicycle accident or have questions about a potential Personal Injury claim, call Jan Dils, Attorneys at Law today. With our free consultation, you can learn more about the importance of wearing a bicycle helmet and your rights under the law. We are ready to fight for every dollar of compensation you deserve.