A Brief Overview of California’s Bicycle Helmet Law
Pedal cyclists in California must wear a helmet, pursuant to California Vehicle Code section 21212(a). The statute provides that "Any person under the age of 18 years shall wear a properly fitted and fastened bicycle helmet when riding a bicycle upon a highway…." The statute further provides that this bicycle helmet law for minors applies whether the minor is operator or passenger on the bicycle. This requirement that minors wear a bicycle helmet is also true for California motorcycle riders (California Vehicle Code section 27803).
The bicycle helmet law in California does not expressly apply to adults , although many local ordinances do. The California Vehicle Code section 21212(a) requires minors under age 18 to wear a bicycle helmet. Other sections of the California Vehicle Code relate to bicycle equipment and use. For example, California Vehicle Code section 21204 essentially says that bicycles cannot be left or parked on any sidewalk or on any vehicle, unless on a bicycle rack, so as to obstruct vehicular or pedestrian traffic.
Ultimately, the bicycle helmet law is enforced at the local level, rather than by the state. So, a local agency can pass its own bicycle helmet ordinance requiring that cyclists wear a helmet, and offenders may be prosecuted and fined. Of course, there are many such local bicycle helmet laws, including ordinances passed in Malibou and Beverly Hills.
The Safety Advantages of Wearing a Helmet
According to a report on NPR, "people are more likely to wear a helmet now than they did 20 years ago." So as to increase the percentage of adults and older children wearing helmets while riding their bicycles, we have had California’s Bicycle Helmet Law (California Vehicle Code (CVC) Sec 21212.) to require that "(a) No person under 18 years of age shall ride upon a bicycle, or ride in a restraining seat or in a trailer attached to a bicycle, unless he or she is wearing a properly fitted and approved safety helmet." That is only applicable to minors (under 18), there is no requirement for adults to wear helmets-although that does not means that a bicycle helmet is an option for adults. The question, however, often arises as to what is the safety benefits of wearing a helmet, anyway? You can rest assured that the statistics support the wearing of a helmet as an adult. Per the National Highway Traffic Safety Administration, "In 2012, there were 726 bicycle-related fatalities. Of these fatalities, 622 were not wearing a helmet at the time of the crash." The Centers for Disease Control and Prevention further supports the wearing of a helmet. It suggests that "Doctors recommend helmets to all children who ride bicycles and to all adults riding bicycles, including those who ride stationary bicycles indoors, in fitness classes, or in health clubs." Even the American Medical Association recognizes that "an estimated 85% of head injuries sustained by bicyclists are preventable if riders use helmets." Even if this figure is inaccurate, that is still a significant number of victims who could have prevented their cycling injuries had they been wearing a helmet. In addition, "[T]he NHTSA has estimated that helmets are up to 85% effective in reducing head injuries when worn by all bicyclists, regardless of age." You may even be surprised to learn that it is not just during nighttime when bicyclists are at risk of being killed/wounded, however, in 2018, "Although only about one-third of fatal crashes involving bicyclists occurred during the hours of 6 p.m. to 9 a.m., police reported that almost three-fourths of bicyclists did not have their lights turned on." Not only will you be more visible with a light and/or reflective helmet, you will also benefit from the protection the helmet will provide in the event you happen to fall. It should be obvious that wearing a properly fitted helmet while riding a bicycle as an adult is essential to avoid a brain injury in the event of an accident. However, it has been shown to simply be a common misconception that those that do not wear a helmet are more inclined to take risks and more dangerous while riding a bicycle, therefore concluding that wearing a helmet makes you less likely to be injured. This finding is simple-people often associate wearing a helmet as being some sort of "armor" and assumed to be "safe," treating it as a sign to others that you are prepared to take risks on the road without fear of injury. Anyone thinking like that should know that a helmet will not save you in the event of a risk-taking crash-a chain reaction crashes where you are not at fault and get hit by another bicyclist or a motorist.
Who Is Exempt From the Helmet Law?
California instituted the mandatory helmet law for all bikers in 1994. While this law has helped to promote safer cycling among our state’s bike riders, there are however, some special circumstances and exceptions to the rule throughout California. In 1994, the helmet law in California was simply not conceived of in the context of the large number of people participating in the activity of cycling who may be immodestly attired on certain occasions.
Surprisingly, there are a number of people who are legally permitted to cycle in California without a helmet. These exceptions include law enforcement personnel, government employees, persons in government vehicles, and certain employees of public entities. That’s right – while we are not to ride our bicycles on the roadways without a helmet, various public sector employees are allowed to do so so long as they are on their way to or from performing their job duties.
The employee exceptions to the bicycle helmet law for adults under California Vehicle Code section 21212 are as follows:
The above circumstances should be distinguished from ordinary CFR failure to wear a helmet. Under the vast majority of circumstances, cyclists are required to wear helmets while riding on California roads, and the exception set forth above is very narrow. If you have been injured while riding a bicycle in California and are uncertain whether you have a valid case, you should consult an attorney experienced in handling bicycle accident claims.
How California’s Helmet Law Stacks Up Against Those of Other States
When comparing California’s bicycle helmet laws for adults with those of other states, it becomes clear that California is an outlier. Many states don’t have any laws requiring people of any age to wear a bicycle helmet, and fewer still restrict this requirement to children. For example, in Connecticut, you must wear a helmet if you are under age 16. In Minnesota, the law says anyone under age 18 must wear a helmet. A number of other states have laws requiring helmets to be worn by those of certain ages, and others extend this to adults as well. The key difference is that there is no blanked law in any other state that requires adults to wear a helmet.
A handful of states have passed laws requiring adults to wear a bicycle helmet, but only if riding under certain conditions. For example, Illinois and Indiana have laws that researchers have said are so rarely enforced that they have become meaningless.
In recent years, a number of jurisdictions have considered passing bicycle helmet laws only to back down after vociferous public opposition. In other parts of the world, however, helmet laws are so widespread that many of us in California would be shocked to learn that there is no such requirement here.
The Disciplinary Consequences of Failing to Wear a Helmet
For an adult who chooses to cycle without a helmet on a public road, they will be cited for a violation of the CVC. Specifically, they will receive a citation for a violation of CVC § 21212(a). The citation will be noted in the individual’s driving record, and the individual will most likely have to pay a small fine, generally $25.00. However, the cited individual may be able to take a traffic school class that is treated like a fine for the purposes of their driving record. The interior of the state of California underneath the direct supervision of the California DMV has established the Traffic Violator School Program (TVSP). This program is run by the DMV and allows individuals who have been cited for non-traffic require violations to clear their record. The TVSP does not change the amount of the cited fine , but rather it allows for the individual to enroll in and complete a DMV authorized traffic violator school. When an adult cyclist has an accident with another party, the at-fault party’s insurance company may deny the claim because the individual was not wearing a helmet at the time of the accident. This aspect of the accident would be raised by the offending party’s insurance as a contributing factor or a comparative fault assessment. If the offending party avoided the citation for riding without a helmet due to their age, then the insurance company may attempt to bring this fact up at a later stage of the litigation.
Advice on Fitting Your Helmet
- Consider the type of riding you’ll do most often. Road cyclists typically prefer lightweight, aerodynamic helmets with more vents (or "portholes") to increase airflow. At the same time, these helmets are usually less padded so they’re lighter, with less protection in the event of an accident. Mountain bikers, on the other hand, will likely choose a helmet with a visor to protect their eyes from sun and debris, a deeper fit that includes the back of the head (again, for optimal protection), and one that uses more Styrofoam-like material for maximum coverage.
- Check the fit. Your helmet should fit comfortably and snugly on your head with no specific points of pressure. Because your head shape and size are unique, try on several helmets at a store that carries a variety of models. Ensure the straps create a V-shape around your ears, and try to get it adjusted for a perfect fit. Walk around with the helmet on and shake your head back and forth to check the fit. If you notice it moving around on your head, you may have bought the wrong size or need to adjust it accordingly. You may experience some discomfort the first few times you wear it, but you should feel the bulk of the weight resting on your forehead rather than your scalp.
- Go for style, color and visibility. Believe it or not, white is one the most popular helmet colors. But if you’re looking for safety, safety-driven features (such as a visor that goes all the way under the brim rather than ended midway) will ultimately matter more than aesthetics. The color still matters, however, as bright colors stand out on the road. If you live in a city or know you’ll be riding at night, look for reflective value on your helmet for added visibility to passing cars.
How to Encourage Helmet Use Among Adults
While education and outreach can be effective in promoting helmet use among children, it is also important to target adult cyclists. One approach could be to expand the existing youth programs and activities that teach bike safety, to include programs for adults. For instance, educational campaigns telling cyclists of all ages about the benefits of properly wearing a bike helmet, even on short rides . Another approach could be to subsidize the cost of a bike helmet for adults. For example, if an adult visits a community clinic or hospital, distribute bike helmets to those who visit the trauma or emergency room for treatment of a bicycle injury. Such programs could put a dent in the number of head injuries that bicycle riders experience.