Bicycles are very affordable and convenient as a means of transportation. They are also environmentally friendly, so many Georgians use them every day to commute to and from work and school. But what happens if you are involved in an accident and you are not wearing a helmet? The best decision is to consult with an experienced Atlanta bicycle accident lawyer and understand your rights to seek compensation.
In this article, we will focus on Georgia’s bicycle helmet law and the importance of bike helmets for safety.
Georgia Bicycle Helmet Law Overview
All bicyclists under the age of 16 must wear a helmet. This legal obligation applies everywhere:
- On roads and highways
- On special bicycle lanes
- On sidewalks.
For anyone over the age of 16, there is no obligation to wear a helmet. However, as we will discuss in more detail in this article, it is always a good idea to do it. Just like in the case of motorcycles, bicycle helmets can save lives.
Regulations for Approved Bicycle Helmets
Georgia bicycle helmet laws also specify the type of helmet that meets the safety requirements of the state. Thus, the headgear must meet the ANSI standard specification for impact resistance.
The reason for this regulation is that the market is flooded with cheap, substandard helmets. They offer little to no protection if you fall off the bicycle or are hit by a car.
How Important Are Bike Helmets for Safety?
Various studies show that bicycle helmets reduce the risk of severe injuries to the head and brain by 66% to 88%. Moreover, the helmet can reduce facial injuries in case of accidents. These injuries often leave permanent scarring and disfigurement, one of the most unfortunate outcomes for survivors of bicycle accidents.
Other studies indicate that the introduction of bicycle helmet laws, even for underage bicyclists only, has helped reduce the rate of fatalities by up to 15% in the long run. It may not appear a large percentage, but this translates into hundreds of lives saved. With this perspective in mind, the number is not so insignificant, anymore.
Are There Penalties for Not Wearing Your Helmet?
Even the most diligent bicyclists may forget to wear a helmet once in a while. Should you worry about being fined for breaking Georgia’s bike helmet law? The law only requires helmets for bike riders who are 16 or younger. Teens won’t face fines and jail time for not wearing a helmet.
However, the underage bicyclist’s parents could be accused of failing to enforce the helmet law. In this situation, they could be charged with a misdemeanor, which is punishable by up to a $1,000 fine and up to 12 months in jail.
The Impact of Not Wearing a Helmet on a Bicycle Accident Claim
The next issue that warrants explanation is whether you can file a claim for damages if you were not wearing a helmet. The answer is yes. There is nothing in Georgia law preventing you from seeking damages after being hit by a car because you did not wear a bicycle helmet.
However, you will need an experienced attorney to negotiate your claim. The insurance adjuster will definitely try to increase your proportion of fault and argue that you failed to mitigate injuries by not wearing the helmet.
The matter is determining how much the fact that you did not have a helmet influenced the outcome of the accident. In this case, a skilled lawyer has a simple answer: there would have been no accident and no injuries if the negligent driver had not hit you.
Schedule a Free Case Review with an Experienced Atlanta Bicycle Accident Lawyer!
The best thing to do after a bike crash is to reach out to The Weinstein Firm. Be honest and tell everything to an Atlanta bicycle accident lawyer, including the fact that you were not wearing a helmet.
You are still entitled to compensation, and we will make sure that we negotiate a fair settlement on your behalf.
Call us today to schedule a free case evaluation at 770-HELP-NOW!
