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Bicycle Helmet Laws In Wisconsin:
Bicycle helmets are not generally required in
Wisconsin. Un-helmeted skulls have been proven to fracture
easier than helmeted skulls and studies suggest a reduction in
injuries based on helmet use. A bicycle or motorcycle helmet
works by bringing the brain to a more gradual stop- since it is
the sudden stopping of the head that results in injury.
Bicycle and motorcycle helmets are designed to handle crash
energy. They generally contain a layer of crushable foam. When
a person crashes into a hard surface, the foam part of a helmet
crushes, and absorbs energy and extends your head's stopping
time by a fraction of a second. Bicycle helmets have been
around since the 1880’s and have been made from pith, sand, hard
plastic, Styrofoam and other materials. Since an improperly fit
helmet will not protect the rider, it is important to make sure
the helmet is properly placed on the head. (see below). Can Evidence be Presented to a Wisconsin Jury that you did not Wear a Helmet During your Bicycle, Moped, or Motorcycle Accident? If you are injured in a Wisconsin bicycle collision with a vehicle and were not wearing a helmet during the collision, your attorney should argue that Wis. Stat. 901.053 prevents the admission of such evidence for motor vehicles like motorcycles. Since bicycle riders are not legally required to wear a helmet in Wisconsin, this statute should also bar evidence of no helmet in a bicycle collision case. 901.053 Admissibility of evidence relating to use of protective headgear while operating certain motor vehicles. Evidence of use or nonuse of protective headgear by a person, other than a person required to wear protective headgear under s. 23.33 (3g) or 347.485 (1), who operates or is a passenger on a motorcycle, as defined in s. 340.01 (32), an all-terrain vehicle, as defined in s. 340.01 (2g), or a snowmobile, as defined in s. 340.01 (58a), on or off a highway, is not admissible in any civil action for personal injury or property damage. This section does not apply to the introduction of such evidence in a civil action against the manufacturer or producer of the protective headgear arising out of any alleged deficiency or defect in the design or manufacture of the protective headgear or, with respect to such use of protective headgear, in a civil action on the sole issue of whether the protective headgear contributed to the personal injury or property damage incurred by another person. Can you be Partially at Fault for your own Injuries if you didn’t Wear a Helmet in your Wisconsin Bicycle, Motorcycle, or Moped accident? In Wisconsin, if you are hit by a car while riding your bicycle, there may be an issue involving what percentage at fault you were. Generally, any recovery you obtain at trial will be reduced by the amount you are determined to be at fault. (Note, this is a general rule and there are exceptions). The question is, what if you are bicycling without a helmet. Should your damage award be reduced because you didn't have a helmet on? See Wis. Stat. 895.049. Although the statute addresses motor vehicles, your attorney should argue that the statute applies to a bicycle as well because bicyclists are not required to wear helmets in Wisconsin. 895.049 Recovery by a person who fails to use protective headgear while operating certain motor vehicles. Notwithstanding s. 895.045, failure by a person who operates or is a passenger on a motorcycle, as defined in s. 340.01 (32), an all-terrain vehicle, as defined in s. 340.01 (2g), or a snowmobile, as defined in s. 340.01 (58a), on or off a highway, to use protective headgear shall not reduce recovery for injuries or damages by the person or the person's legal representative in any civil action. This section does not apply to any person required to wear protective headgear under s. 23.33 (3g) or 347.485 (1). When this section applies to prohibit a reduction of damages, it necessarily also precludes a person's failure to wear a helmet from being considered a form of negligence. More information on head injuries including brain injury and mild traumatic brain injury. |
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