California Bicycle Helmet Laws

Before getting on a bicycle in California, it is important to know the state’s stance on helmet requirements. In California, children must wear bicycle helmets at all times. However, adults can legally ride without head protection – although doing so is not recommended. 

Who Must Wear a Helmet Under California’s Bicycle Helmet Laws?

California Vehicle Code § 21212 requires any person under the age of 18 who is operating a bicycle to wear a “properly fitted and fastened bicycle helmet that meets the standards of either the American Society for Testing and Materials (ASTM) or the United States Consumer Product Safety Commission (CPSC).” Individuals 18 and older are exempt from this rule.

Bicycle helmets are required for children under the age of 18 anytime they are operating a bike or riding as a passenger on public property. This includes on a public street, bicycle lane or public trail. Helmets are not legally required on private property.

When it comes to electric bikes or e-bikes, if the vehicle is rated a Class 3 (meaning it can reach a speed of 28 miles per hour), riders must wear safety helmets in California regardless of their age. Local rules and ordinances in California may impose different bicycle helmet requirements, so always check in your city. 

Can I Still Receive an Insurance Settlement if I Wasn’t Wearing a Bicycle Helmet?

Yes, you are still eligible for compensation without a helmet. The failure to wear a helmet, even if California law required you to do so as a minor, does not make you responsible for the bicycle accident itself. You can still be eligible for financial compensation from the person or party that caused the crash.

However, if an insurance company successfully proves that you would not have suffered as serious an injury had you been wearing a bicycle helmet, this could reduce the financial compensation that you recover.

Under California’s comparative negligence law, if a victim is allotted a portion of fault for his or her injuries, the victim’s financial recovery will be reduced by a matching amount. The existence of this rule means that not wearing a helmet could weaken your legal claim and reduce your settlement.

What Are the Penalties of Not Wearing a Helmet?

According to Los Angeles lawyers for injury lawsuits in California, the failure to wear a bicycle helmet as a minor is an infraction that can result in a $25 fine. The child’s parents will be given vicarious liability, meaning they will be held responsible for paying the fine on behalf of the child. 

In some cases, a law enforcement officer may give a “fix-it ticket,” where the fine can be avoided if it is shown within 120 days that the parent has acquired a proper helmet for the child and taken a bicycle safety course.

What Are the Benefits of Helmet Use?

Wearing a safety-approved and properly fitting helmet can dramatically decrease your risk of suffering a serious head or brain injury in a bicycle accident. When a motor vehicle strikes a bike, it is the cyclist who will always suffer the worst of the injuries. 

Even with a helmet on, a biker could sustain traumatic brain injuries in addition to road rash, lacerations, broken bones, soft-tissue damage, internal injuries and spinal cord injuries. Wearing a helmet at least decreases the odds of suffering critical or fatal brain injuries.

When to Contact a Bicycle Accident Lawyer

Though it can be helpful to your claim to consult with a Los Angeles lawyer handling bicycle accident cases under any circumstances, it is especially important to contact an attorney if you were not wearing your helmet at the time of the accident and suffered a head or brain injury. An attorney can help you build a strong case and seek maximum compensation for your injuries.