City laws require children to wear helmets to protect their developing brains. Understanding when children and adults need to wear helmets and what kinds of helmets are allowed under local laws can be confusing. When you have questions about Austin bicycle helmet laws, an attorney can help provide much-needed answers.
Our law firm can demystify helmet laws and help those who suffer harm from an accident. Whether you need to know if your child’s helmet meets the legal requirements or if your insurance policy covers a bike crash, we are here for you. Our experienced attorneys provide compassionate legal services to help you feel valued, supported, and empowered when you work with us.
State law does not require adults to wear helmets when riding bicycles. Austin City Code § 12-2-31 requires parents to ensure their children wear protective helmets that meet local and national safety standards. The law applies to most children 17 or younger.
Under Austin Code, helmets must be the right size for the child’s head and fastened securely at all times. When there is damage to the helmet, such as a chip or crack, the child may need a new one that complies with local regulations.
The helmet also needs to meet the standards set by the United States Product Safety Commission. For example, it needs to pass specific impact and safety tests to ensure it works properly and can protect a child if they fall off their bike and hit their head. An Austin attorney has experience helping parents understand bicycle helmet laws and determine if their child’s helmet complies with these rules.
Austin City Code § 12-2-33 allows parents to forego the helmet requirements when their child has a qualifying health condition. The parent would need a doctor to give a medical note about the child’s condition and why they cannot wear a helmet. Parents also need to apply for a health exemption identification card from the city manager.
The child must carry this card with them anytime they ride a bike without a helmet. Conditions that may exempt a child from wearing a bike helmet might include severe sensory disorders, or the child may have a special needs helmet they wear daily, and not wearing it may adversely impact their health.
When a child suffers a head injury that may not have happened if their teacher or babysitter had made them wear their bike helmet, parents may be able to bring a lawsuit. Parents might have a valid legal claim when they can prove someone else was responsible for ensuring their child wore a helmet but did not do this. A lawyer in Austin can help parents understand whether filing a lawsuit is possible based on state laws.
Austin bicycle helmet laws are in place to protect children from head injuries, but they can be confusing for parents to navigate. Moreover, when someone else (like a non-parental caregiver) lets a child ride their bike without a helmet and they get hurt, the parent may wonder if they can file suit for their child’s injuries. An attorney can help parents understand and exercise their legal rights under state and local laws.
At our law firm, we meet you where you are, taking time to get to know you, what you care about, and how we can enrich your life by providing targeted legal services. When you or your child were hurt in a bike accident, we may be able to assist you by making phone calls to insurance, filing legal documents, and serving as your advisor in court. Contact us today to set up a consultation.