by Queener Law | Dec 7, 2017 | Bicycle Accident, Tennessee
Two-thirds of hospitalizations and approximately 75 percent of fatalities that are caused by bicycle accidents are a result of head injuries. According to extensive research, one of the most effective ways to prevent head injuries in cycling accidents is to wear a helmet. Historically, helmets have been shown to reduce the risk of head injury by about 50 percent, and the risk of severe face, head, and neck injury by approximately 33 percent.
Bicycle Helmet Laws in Tennessee
In Tennessee, it is unlawful for any person under the age of 16 to operate a bike or be a passenger on a bicycle without wearing a protective bicycle helmet that is properly fitted and secured. It is also illegal for parents and guardians to permit children under 12 years of age to ride bicycles without helmets. Additionally, it is unlawful for businesses to rent or lease bicycles to kids under 16 unless they have a helmet in their possession at the time of the rental or one is provided with the lease. When serious injuries or fatalitiesoccur, parents, guardians, and businesses who violate these laws may be able to be held liable for the damages that are suffered.
There are currently no laws in place in Tennessee that govern the use of bicycle helmets by adults. Society has been thoroughly educated about the benefits of wearing a helmet when cycling, and although wearing a helmet lowers the odds of a serious head injury occurring, many adults still choose to ride unprotected. The risk of severe complications from head injuries caused by bicycle crashes increases with age, however, and adult cyclists should wear properly fitted helmets as well.
Choosing the Right Helmet
Smart decisions lead to safer outcomes. Cyclists should follow certain guidelines when choosing a helmet:
- Snug Fit –A helmet should fit snugly and not move when the head moves forward to back or side to side. Trying on a variety of helmets is suggested to assure a good fit.
- Good Ventilation – A helmet should have good ventilation to increase comfort, particularly in hot temperatures.
- Comfortable Weight – Although helmet weight does not vary tremendously, slight weight variations can make a difference in comfort levels.
- Enjoy Wearing – It is important to pick a helmet that is easy to wear, as it is more likely it will get use all of the time if the rider is happy with it.
by Queener Law | May 30, 2017 | Bicycle Accident, Tennessee
Children are particularly vulnerable to series head and neck injuries due to bicycle accidents, therefore, the Tennessee passed a mandatory bicycle helmet statute (“the Act”) to require all children under 16 years old to wear helmets while operating a bicycle. However, the Act does not mandate helmets for anyone 16 and over; therefore, the protections are only partially extended.
The Legislature found that fewer than five percent of children nationwide wear helmets despite extensive evidence that they prevent or obviate serious disability or death if an accident occurs.
Definitions
The Act includes all bicycles, including multi-seats and tandem-operated bikes. However, it specifically excludes tricycles. The Helmet Law covers both the operator and passengers on a bike. Therefore, a child riding a bike operated by an adult would be required to wear a helmet.
Special Rules for Children
In addition to the helmet rule, the Act also created a second safety requirement for children under 40 pounds or under 40 inches in height which obligated them to ride in separate seats with restraints (i.e. belts). Therefore, bikes marketed with spare seats who want to cater to children must include safety belts.
Penalties
For adult offenders (i.e. parents who do not put helmets on their kids) the fine is two dollars. However, if within a year of the offense, the accused purchases a helmet and provides proof – they may recover the fine or avoid paying it entirely. Children are not fined or punished for failing to wear a helmet.
Effect on Adults
While anyone 16 and over is excluded from the Helmet Law, the failure to wear a helmet in an accident may be considered by the court as evidence that any award of compensation should be reduced. The courts take the position that plaintiffs who are partially responsible for the accident or their injuries should have their compensation reduced to reflect the plaintiff’s contribution to their injury.
Concerning bicycle accidents, if an adult fails to wear a helmet and suffers substantial injuries in an accident (injuries that could have been reduced by a helmet), the court may consider that as evidence that his damages should be reduced. Moreover, this presumption is reinforced when the Government passes laws or publishes reports that find wearing helmets is safer and affords greater protection.
However, Tennessee specifically excludes the use of failure to wear a helmet or safety restraint, as evidence in any civil trial.
