Cherry Hill Bicycle Helmet RequirementsRequest a Free Consultation
Cherry Hill bicycle helmet requirements for anyone under the age of 17 mean they or a passenger must wear a helmet. Anyone over 17 does not have the same requirement, however, it is still recommended. There are no legal ramifications for not wearing a helmet in Cherry Hill for adults. For children under 17, considered minors, their parent or legal guardian may be fined a maximum of $25 for the first offense and a maximum of a $100 for subsequent offenses. That is assuming it was the lack of parental supervision that contributed to the offense. A distinguished bike accident lawyer can help clarify the Cherry Hill bicycle helmet requirements and the implications of not following them.
Benefit of Wearing a Helmet
Head injuries can be very significant when people are thrown from their bike and a helmet can really help protect against that. That is the main reason for someone to wear a helmet, to protect their head, especially children. However, i because if the person is thrown from their bicycle, it is very difficult to protect the head if they are not wearing a helmet.
A jury is going to wonder at trial if they cyclist was wearing a helmet. If they were wearing a helmet and they still sustained a head injury, then it takes that question away from the jury. They do not have to wonder what might have happened if this person was following Cherry Hill bicycle helmet requirements and if they would not have had a head injury. That a person was or was not wearing a helmet may or may not even be admissible in trial because it is not a requirement if the person is an adult.
Impact of Not Wearing a Helmet
If a person gets to trial and a jury is listening to how the accident occurred and what the injuries are. The court will question if there would have been an accident had that person followed Cherry Hill bicycle helmet requirements. There would be legal arguments about whether or not the jury is entitled to know if the person was wearing a helmet but that is one issue that could arise.
Defining Contributory Negligence
Contributory negligence in Cherry Hill factors into any case. There is a full percentage of negligence that needs to be given to parties. Sometimes if a defendant is 100% responsible for an accident. Or if the injured party contributed to the happening of the accident, they are a percentage of negligent. So there could be 50%to 50% split or a 75% 25% share. What that means is as long as the injured party’s negligence does not exceed 50%, they would still be entitled to a recovery against the other party.
If the injured party’s responsibility was 51% or higher, they would not be entitled to a recovery. Anything 50% or less would reduce their damages by that amount. Contributory negligence with regard to helmets is not a factor in these cases. It is a legal argument that would have to be made, but the defense’s position would be that the jury is not to consider whether the person was wearing a helmet and that issue should not go towards the comparative negligence or the contributory negligence of the injured rider.