With more people riding bikes in and around Washington, DC, knowing the rules about helmet use matters for both safety and legal reasons. While not every cyclist is legally required to wear a helmet, these laws play a direct role in reducing severe injuries and shaping important insurance and legal outcomes after cycling accidents. Reach out to our professional bicycle accident attorney in Washington, D.C. to discuss your case with a legal expert today.
Only Bikers Under 16 Must Wear a Helmet
In Washington, DC, the law says that anyone under 16 years old must wear a properly fitting helmet when riding a bike, using roller skates, skateboards, scooters, or any similar item. The helmet needs to cover the head securely with the strap fastened.
(a) It shall be unlawful for any person under 16 years of age to ride roller skates, a skateboard, sled, coaster, toy vehicle, sidewalk bicycle, scooter, or any similar device without wearing a protective helmet of good fit, fastened securely upon the head with the straps of the helmet.
This rule is about making sure younger riders have extra protection, since children are often less aware of traffic and more likely to injure themselves in falls or crashes.
Parents or guardians are responsible if their child is caught riding without a helmet. They may face a fine of $25, but the fine won’t have to be paid in certain cases.
If it’s a first offense, the penalty can be dropped. Also, if the parent or guardian buys a helmet for their child after the ticket is given but before the fine is due, and they show proof of this purchase, the fine will be waived.
This helps encourage families to make safety changes right away without punishing them unnecessarily.
Does Not Wearing a Helmet Affect Fault in an Accident Claim?
In Washington, DC, the question of helmet use comes up often after bicycle crashes, especially when someone is hurt. Many cyclists are concerned that not having a helmet at the time of an accident could hurt their ability to seek damages or be used against them in court. In most cases, this fact won’t prevent a bicyclist from obtaining compensation.
The Role of “Comparative Negligence” When Bikers Don’t Wear Helmets
Sometimes, insurance companies may still try to pay out less by arguing over “comparative negligence.” Comparative negligence is the legal idea that responsibility (and compensation) can be divided between people involved in a crash.
In Washington, DC, bicycle accidents are governed by modified comparative negligence because they are considered vulnerable road users. Unless they are more than 50% responsible for the accident, they can still recover compensation.
- 50–2204.52. Contributory negligence limitation.
(a) Unless the plaintiff’s negligence is a proximate cause of the plaintiff’s injury and greater than the aggregated total negligence of all the defendants that proximately caused the plaintiff’s injury, the negligence of the following shall not bar the plaintiff’s recovery in any civil action in which the plaintiff is one of the following:
(1) A pedestrian or vulnerable user of a public highway or sidewalk involved in a collision with a motor vehicle or another vulnerable user
However, it could be reduced by the victim’s percentage of fault. Ultimately, the larger focus is on what and who caused the accident, and not the absence of a helmet.
If you’re injured while riding a bicycle and are worried that not wearing a helmet may affect your claim, you can always reach out to our team and schedule a free consultation. Our personal injury lawyers in Washington DC are happy to walk you through the next steps.