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Bicycle Laws in California – Are Mandatory Helmets on Their Way?

7/23/2015

 

California Bike Helmet Laws

bicycle laws in California
Whether you know it or not, according to California law, a bicycle is a legal vehicle and should be ridden on the road with the flow of traffic. According to the California Vehicle Code, people operating bicycles on the road have all of the same rights and responsibilities as motorists. That means that they are not legally allowed to ride on the sidewalk, ride against traffic, or run stop signs and traffic lights.

Though California is one of the more progressive states in the country and has access to bike paths and bike lanes in most urban and suburban areas, there was a call earlier this year for legislation to be passed to make it mandatory for all adults riding bicycles to wear helmets.

While it’s a good idea for anyone to wear a helmet while riding a bicycle, it is not mandatory in the state of California if you are over the age of 18. By law, all minors must wear helmets when cycling, but once you reach adulthood in the eyes of the state, you are then allowed to make your own decision. In February of this year, though, Senator Carol Liu wanted to change that, stating, according to the Huffington Post, that, “Any responsible bicycle rider should wear a helmet… This law will protect more people and make sure all riders benefit from the head protection that a helmet provides.”

Because nearly any accident involving a bicycle and a car is likely to cause injury to the cyclist, you might at first think that cyclists would accept this kind of legislation with open arms. You would especially expect this because it is impossible for cyclists and cars not to share the road in some areas in California. However, many cyclists are actually claiming that a helmet law would make bicycling in California more dangerous.

Cyclists Argue that Helmet Law Could be Dangerous

How is that possible? Basically, the argument states that motorists tend to get in more accidents when something unexpected happens. To better explain this, let’s take a somewhat ridiculous example. You wouldn’t expect to see a cow standing in the middle of the street in San Francisco, right? So you as you drove along, you wouldn’t slow down in anticipation of a cow. If one happened to be standing in the street as you came around a corner, you would be more likely to hit it than you would be to hit a pedestrian in a crosswalk, another car overtaking you in a passing lane, or any number of other factors that you encounter every day.

The cyclists’ argument is simple. If a helmet law is enacted, then fewer people will want to ride their bicycles to work, school, or to run errands. Having fewer cyclists on the roads will lead to less driver awareness of cyclists. When drivers stop looking for cyclists sharing the road with them, more accidents occur. While the cyclists on the road would be more likely to have protection when hit by a car, the likelihood of getting in an accident would be increased. Therefore, the overall safety of cycling in California could actually decrease.

From a legal perspective, this legislation – which has not yet passed – is interesting. From a cyclists’ perspective it may actually be terrifying. If you use a bicycle to commute to work or school, you should know your rights and how to behave consistently with California bicycle laws. You should also keep the contact information for the Los Angeles bicycle attorney with you whenever you hit the road. With or without a helmet law, if you’re in an accident, a personal injury attorney can give you the representation you need.

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