Washington Lawyer - March/April 2020 - 35

TAKING THE STAND

"Taking the Stand" appears periodically in Washington Lawyer as a forum for D.C. Bar
members to address issues of importance to them and that would be of interest to
others. The opinions expressed are the author's own. For submissions, email
editorial@dcbar.org.

YES TO MANDATORY

BIKE HELMET LAWS
By Laricke Blanchard

It's possible that a helmet requirement may
lead to fewer bikers on the road and undermine
bike-share systems. However, wearing a helmet
significantly reduces the odds of a head injury.
We see this in biking as well as in several other
sports that require helmets to prevent or
mitigate brain damage.
The states began adopting helmet laws in 1987
mainly for people under 18; Washington, D.C.,
requires riders under 16 to wear a helmet. The

increasing availability of lighter, stronger
helmets and potential partnerships for helmet
distribution - coupled with an educational
campaign and a long transition period - could
help remedy any dampening effect on the
number of bike riders. In addition, having protected bike lanes results in a higher number of
cyclists and, thus, "safety in numbers," according
to several studies.
Another complicating factor in some states is
that a cyclist's failure to wear a helmet may lead
to a finding of contributory negligence and a
consequent deduction in damages for personal
injury. In states like Florida, however, the law
specifically states that failure to wear a helmet
may not be considered evidence of negligence
or contributory negligence with respect to
biking accidents. This is not an insignificant
issue, so addressing this concern is both
possible and logical. Whether you're a tourist
sightseeing on the National Mall, a student
headed to class, a baseball fan utilizing the free
bicycle valet at Nationals Park, or a weekend
warrior enjoying a workout, knowledge of the
rules, rights, and responsibilities on the bike is
fundamental, for cyclists and society as a whole.
As many people have noted, wearing a bike
helmet is akin to putting on a seatbelt in a
car. All broken bones and road rash cannot be
prevented, and you won't see me encased in
bubble wrap biking the Mount Vernon Trail or
doing laps around Hains Point. Yet all of the
organized rides I have done required riders
to wear a helmet, and I do the same with my
Tuesday morning cycling club as well as on
my casual neighborhood rides.
In California, everyone under 18 must wear
a bike helmet, and if a child is caught without
one, the parents could be fined. However,
under the state's bicycle helmet "fix it" law

Courtesy of Laricke Blanchard

t's usual for government to certify
the behaviors and norms of
individuals, businesses, and
markets. On November 5, 2019,
the National Transportation Safety
Board (NTSB) recommended
that all 50 states, the District of
Columbia, and Puerto Rico require
every bike rider to wear a helmet.
This was NTSB's first examination
of bicyclist safety since its last
report in 1972. Some people argue
that a universal bike helmet law is
a bad idea yet extol the virtues of
wearing one. Rather than lose focus
by drawing such a distinction, we
should be pulling in the same
direction to increase the number
of bicyclists and promote safety.

enacted in early 2019, parents can get the
charge dismissed if they can show proof that
the child has a proper safety helmet and has
completed an approved bicycle safety course.
States should adopt what they think best to
encourage the joys and benefits of biking and
to ensure that cyclists are not unfairly penalized
with helmet mandates.
Just saying no to a helmet law seems like the
wrong direction. Rather, I suggest a shift to a
comprehensive campaign to get behind helmet
requirements, along with protected bike lanes
and trails, improved detection systems in cars,
better street lighting, and education for motorists, pedestrians, and cyclists. While not without
consequences, the NTSB helmet recommendation is trying to catch up to reality and is worthy
of support. I want us to use our precious brain
cells to achieve biking for everyone, everywhere. A helmet mandate should be seen as
one spoke in the wheel rather than a pothole
in the road toward our destination, which will
include some hills.
And don't forget your helmet.
D.C. Bar member Laricke Blanchard lives, works,
and bikes in Washington, D.C.

MARCH/APRIL 2020

WASHINGTON LAWYER

Washington Lawyer - March/April 2020

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