The Ins and Outs of California’s Bicycle Helmet Law
Do I need to wear a bicycle helmet in California?
The short answer is that minors under 18 years of age must wear a bicycle helmet in California in covered public areas, but adults who are 18 years and older are not generally required to wear a bicycle helmet under California’s statewide bicycle helmet law.
Even though adults are not required to wear bicycle helmets in California, wearing one is still strongly recommended. Bicycle accidents can cause serious injuries, including head trauma, facial injuries, fractures, road rash, concussions, traumatic brain injuries and other long-term harm.
California’s bicycle helmet law is set forth in Vehicle Code section 21212. The law applies not only to minors operating bicycles, but also to minors operating skateboards and non-motorized scooters, as well as minors wearing in-line skates or roller skates. Minors must also wear a helmet when riding as a passenger on a bicycle, skateboard or non-motorized scooter.
Who is required to wear a bicycle helmet in California?
California’s bicycle helmet law applies to people under 18 years old.
A minor must wear a properly fitted and fastened helmet when they are operating or riding as a passenger on a bicycle, non-motorized scooter or skateboard. The law also applies when a minor is wearing in-line skates or roller skates in covered public areas.
Adults who are 18 or older are not generally required to wear a bicycle helmet under California’s statewide bicycle helmet law. However, helmet use can still become an important issue in a personal injury claim if the defense argues that the lack of a helmet contributed to the injuries.
Where are minors required to wear a helmet?
California Vehicle Code section 21212 applies when a minor is wearing in-line skates or roller skates, or operating or riding as a passenger on a bicycle, skateboard or non-motorized scooter, “upon a street, bikeway, …, or any other public bicycle path or trail.”
Under California law, the definition of a “street,” “trail,” “bicycle path” or “bikeway” can be broad. Therefore, if a minor is unsure whether they are in an area where a helmet is required, the safest approach is to wear a helmet in order to avoid potentially violating California’s bicycle helmet law.
What type of bicycle helmet is required?
California Vehicle Code section 21212 requires minors to wear a properly fitted and fastened helmet that meets approved safety standards.
The law references standards from the American Society for Testing and Materials, commonly known as ASTM, as well as other approved safety standards. A helmet should fit securely, sit level on the head and remain fastened while riding.
A loose, damaged or improperly worn helmet may not provide the protection it is intended to provide.
What is the penalty for violating Vehicle Code section 21212?
A minor who violates Vehicle Code section 21212 is guilty of an infraction punishable by a fine of not more than twenty-five dollars ($25).
However, with mandatory fees and assessments added on, the total amount owed may be higher than the base fine. In some situations, California law may allow the citation to be addressed by showing proof that the minor has a qualifying helmet and has completed an approved bicycle safety course or related safety course within the required timeframe.
Will it harm my personal injury case if I was not wearing a helmet when I was injured?
Not wearing a helmet may become an issue in a bicycle accident personal injury case, but it does not automatically prevent someone from bringing a claim.
Civil defense attorneys may argue that you should have been wearing a helmet and that, had you worn one, your injuries would have been less serious. Your personal injury attorney will need to examine the facts of your specific case and analyze the relevance of the helmet issue.
Important questions may include whether you were legally required to wear a helmet, whether the helmet was intended to protect against the type of injury you suffered, whether the injury involved your head or another part of your body, and whether medical or expert evidence supports the defense argument.
For example, a helmet may be more relevant in a fall-related head injury claim than in a case involving injuries unrelated to the head. In a collision with a motor vehicle, the facts, speed, impact forces, medical records and expert opinions may all matter.
Can I still file a personal injury claim if I was not wearing a bicycle helmet?
Yes, depending on the facts. Not wearing a bicycle helmet does not automatically eliminate a personal injury claim after a bicycle accident.
California uses comparative fault principles, which means responsibility may be divided among the people or entities involved. If the defense argues that not wearing a helmet contributed to your injury, that issue must be evaluated based on the facts of the accident, the injuries involved and the available evidence.
A bicycle accident attorney can help determine whether the helmet issue is legally relevant and how it may affect the value of the claim.
What should I do after a bicycle accident in California?
If you were injured in a bicycle accident, there are several steps that may help protect your health and your potential personal injury claim.
You should seek medical attention as soon as possible, especially if you hit your head, lost consciousness, experienced dizziness, suffered visible injuries or developed pain after the accident. You should also take photos of your injuries, bicycle, helmet, clothing, the accident scene and any vehicle involved.
If a driver was involved, get their name, contact information, insurance information and license plate number. If there were witnesses, try to get their contact information as well. You should also keep your bicycle, helmet and damaged equipment, because those items may become important evidence.
Before giving a recorded statement to an insurance company, consider speaking with a personal injury attorney. Insurance companies may use your statements to dispute fault, minimize your injuries or reduce the value of your claim.
Contact Us If You Have Any Questions
If you were injured in a bicycle accident or hit by a car while riding your bike, you should contact the team at Rogers | Beltran LLP to discuss your potential personal injury case.
We offer a free 30-minute telephone or Zoom consultation with a licensed California attorney. During the consultation, we can discuss what happened, review the facts of the accident and explain whether and how we may be able to help.
Contact Rogers | Beltran LLP to discuss your bicycle accident claim.
Frequently Asked Questions About California Bicycle Helmet Law
Do adults have to wear bicycle helmets in California?
Adults who are 18 or older are not generally required to wear bicycle helmets under California’s statewide bicycle helmet law. However, wearing a helmet is still recommended for safety.
Do minors have to wear bicycle helmets in California?
Yes. Minors under 18 must wear properly fitted and fastened helmets when operating or riding as passengers on bicycles, non-motorized scooters and skateboards, or when wearing in-line skates or roller skates in covered public areas.
Does California’s bicycle helmet law apply to skateboards and scooters?
Yes. California Vehicle Code section 21212 applies to minors operating or riding as passengers on non-motorized scooters and skateboards. It also applies to minors wearing in-line skates or roller skates.
Where does California’s bicycle helmet law apply?
The law applies to covered minors on streets, bikeways and public bicycle paths or trails.
What is the fine for not wearing a bicycle helmet in California?
A violation is an infraction with a base fine of not more than $25, but added fees and assessments may increase the total amount owed.
Can not wearing a helmet affect my injury claim?
Possibly. The defense may argue that not wearing a helmet contributed to the injury. Whether that argument matters depends on the facts, the type of injury and whether a helmet would likely have changed the outcome.
Can I still sue after a bicycle accident if I was not wearing a helmet?
Possibly, yes. Not wearing a helmet does not automatically prevent a bicycle accident claim. The effect on the case depends on comparative fault, the injuries involved and the available evidence.
Should I keep my helmet after a bicycle accident?
Yes. Keep your helmet, bicycle, damaged clothing and any other equipment involved in the accident. These items may become important evidence.
Disclaimer
Thank you for visiting our website. Please note that this article is not intended to be legal advice. Rogers | Beltran LLP does not represent you until you have a signed retainer with the firm. The views expressed herein are for educational purposes only. The law constantly changes, and we make no representations or guarantees about the current or past validity of the legal analysis. If you have questions about the current state of the law in this area, feel free to reach out to our law firm for a free telephone or remote consultation, or seek legal counsel from another reputable law firm.
