Long Island Bicycle Helmet Laws

There are countless studies that show that wearing a properly fitted and designed helmet while riding a bicycle can substantially reduce your risk of suffering a life-altering brain injury in the event of a crash. Nevertheless, New York is one of many states across the country that does not legally mandate helmet use for all bicycle riders—and as experienced bicycle accident lawyers know all too well, deciding to go without head protection can sometimes come back to haunt bicyclists, not just physically, but legally as well.

Of course, if you get hurt in a bicycle wreck caused entirely by another person’s reckless or careless actions, the question of whether you were or were not wearing a helmet at the time will likely not be the deciding factor in whether you can sue for damages caused by your wreck. Still, it is important for all riders to understand what the Long Island bicycle helmet laws actually say, as well as what impact they can potentially have on a personal injury claim.

Who Is Required by Law to Wear Bicycle Helmets?

Under New York Vehicle & Traffic Code §1238, bicycle operators and passengers under 14 must wear securely fastened, properly sized helmets that meet national safety standards. Additionally, children under five must wear helmets and be securely strapped into child safety seats when riding as passengers. Children under one year old are not permitted to ride as bicycle passengers under any circumstances.

It is worth mentioning, though, that local communities can pass their own ordinances mandating more widespread bicycle helmet use, so depending on where someone lives on Long Island, the bicycle helmet laws applicable to them may change slightly. A qualified attorney can answer questions about what laws apply to a particular area in more detail during an initial consultation.

The Possible Impacts of Not Wearing a Bike Helmet

Regardless of what state law says, the primary reason for bicyclists to wear helmets while riding around Long Island is for the sake of their own physical health. According to a meta-analysis conducted by the Institute of Transport Economics in Norway, wearing a helmet while riding reduces a bicyclist’s risk of suffering a serious or fatal injury in a crash by 34 percent and reduces their risk of specifically suffering a serious head and/or brain injury by 60 percent. 

However, it can also be important to wear a helmet while riding in Long Island because of a legal concept called comparative fault. In brief, courts can assign percentages of fault to accident victims based on the degree to which they contributed to causing their own injuries through their own irresponsible actions—and since not wearing a helmet can be seen as just that kind of comparative negligence in some situations, it could also be used as a reason to deny an injured person hundreds or even thousands of dollars in compensation.

Learn More About Bicycle Helmet Laws from a Long Island Attorney

If you are an adult or even a teenager who is at least 15 years old, the letter of Long Island’s bicycle helmet laws is that you do not have to wear any kind of protective equipment while riding a bicycle unless you want to. With that said every seasoned bicycle injury lawyer will strongly recommend wearing a helmet at all times, in no small part because many of them have seen what can happen when someone gets in a wreck without one.

If you have been hurt in any kind of bicycle crash with or without a helmet on, a skilled legal professional can also help you understand and potentially enforce your right to civil recovery. Call today for a free consultation.