Most people know that wearing a helmet while riding a bike is a good idea, but too many still choose to ride without one. Some say they are too uncomfortable. Others say they are funny looking, and they feel silly wearing one. Still, many others believe they are just unnecessary. The truth is, helmets are legally required in many situations, and you might be in trouble without one.
If you are under 16 in Georgia, you are required to wear a helmet when riding your bike almost anywhere. The helmet must fit your head and be securely fastened to meet legal requirements. A loose-fitting helmet will not cut it. Generally, people under 16 who fail to wear a helmet might not face penalties, but their parents might if they knowingly allowed their child to ride without a helmet. If you are hit by a car, the lack of a helmet should not be used against you. Even so, you should call a lawyer for assistance with your case.
Get a free, private case evaluation by calling our Georgia personal injury attorneys at Rice Law at (470) 287-3070.
When Helmets Are Required for Bicycle Riders in Georgia
While wearing a helmet is always a good idea when you ride a bike, they are not legally required for everyone. Riders age 16 and up do not necessarily have to wear a helmet, but younger riders must follow strict helmet laws.
According to O.C.G.A. § 40-6-296(d)(1), no one under 16 may ride a bike or be a passenger on a bike on a bike path, highway, bike lane, or sidewalk in the State of Georgia without wearing a bicycle helmet. This law specifically applies to those younger than 16. Older riders are not mentioned in the statute.
Even if you have a helmet on your person, it might not be considered legal if it does not properly fit. Under subsection (3) of the above statute, a helmet fits and satisfies legal helmet requirements if it is fastened securely on a rider’s head.
Even if you are not required by law to wear a helmet, doing so is usually a good idea. Head injuries from a bike accident can be severe, and your helmet can make a world of difference.
Penalties for Failing to Wear a Helmet While Riding a Bike
We might not often hear about people facing legal consequences for failing to wear a helmet, but legal penalties may be enforced under certain circumstances. In cases of accidents, our Georgia bicycle accident lawyers may help you hold the negligent driver responsible regardless of whether you had a helmet.
According to O.C.G.A. § 40-6-296(d)(6), nobody under 16 who fails to comply with the helmet laws regarding bicycles may be imprisoned or fined. However, according to § 40-6-297(a), a violation may be charged as a misdemeanor, and under subsection (b), parents or guardians who knowingly allow their children to violate these laws may be charged.
This does not mean the police will not stop you if you fail to wear a helmet. It is possible that the police will let you off with a warning. However, if you are riding your bike on a busy street or highway, wearing a helmet is more crucial to your safety, and the police might stop you and seek to charge your parents.
Helmet Safety Requirements in Georgia
When wearing a helmet while riding your bike, not just any helmet will do. According to O.C.G.A. § 40-6-296(d)(2), a bicycle helmet should meet specific safety standards set by the American National Standards Institute (ANSI) or the Snell Memorial Foundation.
If you are unsure whether your current helmet meets these standards, check for a label in the helmet that states that it is compliant with ANSI safety requirements. You should be able to buy a safe helmet from reputable bicycle and gear retailers.
What if A Bike Rider Not Wearing a Helmet is Hit by a Car?
Unfortunately, many bike riders in Georgia choose not to wear helmets, even if they are required by law to wear one. If you are injured while not wearing a helmet, it could affect your ability to sue for damages, depending on the circumstances.
While failing to wear a helmet is technically a legal violation, it should not be used against you in the event of an accident. The fact that you were not wearing a helmet when you were struck by a vehicle may not be used to somehow absolve the negligent driver of their wrongdoing.
According to O.C.G.A. § 40-6-296(d)(5), failing to comply with Georgia’s helmet laws and requirements does not constitute negligence per se nor does it constitute contributory negligence or evidence of liability.
This means if you sue a driver for hitting you on your bike while you were not wearing a helmet, they cannot use your lack of a helmet to shift blame or argue contributory negligence.
How An Attorney Can Help You After a Bicycle Accident in Georgia
If you are injured in a bicycle accident, you should talk to a lawyer about how to get financial compensation as soon as possible. The driver who hit you should be held accountable regardless of whether you were wearing a helmet.
Your attorney can help you determine the extent of your damages, including hospital bills, property damage (i.e., your damaged bike), and non-economic damages such as pain, distress, and suffering. In many cases, damages are quite high, as bike riders may be badly hurt by speeding vehicles.
Your lawyer can also help you prove how the defendant caused the accident. Perhaps they were speeding and not watching the road. Maybe they were intoxicated and swerved into a bike lane. There are numerous possibilities, and your lawyer can assist you.
Call Our Georgia Bicycle Accident Lawyers for Help with Your Case
Get a free, private case evaluation by calling our Georgia bicycle accident attorneys at Rice Law at (470) 287-3070.