Photo by iStockAs with all bike products, there is a lot of noise when it comes to helmets. And with all the marketing noise, it is understandable if you have a lot of questions. If you're a bike commuter, should you get a road helmet or a mountain bike helmet? Do companies even make commuter-specific helmets? What if you show up to a gravel ride or gran fondo with an aero road helmet? If you ride an e-bike, is a motorcycle helmet necessary? Do you really need to spend $400 on a bike helmet? Colorado Bike Law is here to help answer your questions. We'll start out with what Colorado law says about bike helmets.
Is There a Bicycle Helmet Law in Colorado?
In some countries, such as the Netherlands, Sweden, and Denmark, it is uncommon to see bike commuters wearing helmets. But here in the United States, where car culture prevails, it is never a wise decision to ride a bike without a helmet, regardless of your experience. Even Tour de France riders wear helmets here in Colorado when they're out training or picking up milk from the grocery store.
While a helmet is certainly a smart choice, there is no bike helmet law in Colorado for adults or for adolescents. This means that you cannot be cited for choosing to not wear a helmet, and you do not waive your rights to seek legal compensation from a negligent driver in the event of a collision if you were not helmeted at the time of the crash. However, it should be noted that all minors under 18 are legally obligated to wear a helmet when riding a Class 3 e-bike (Class 3 e-bikes have a top speed of 28 miles per hour). E-bike riders, like all cyclists, should use a helmet specific to bikes—a helmet that maximizes the user's field of vision while being comfortable and light.
What Happens if I Get Injured in a Bike Crash and I Wasn't Wearing a Helmet?
An injured cyclist who was not wearing a helmet at the time of the crash may have to deal with "failure to mitigate" arguments from defense counsel. An experienced bike lawyer should be able to successfully push back on arguments that the crash victim shouldn't be fully compensated, but the risk of the fight exists. The defense could try to argue that any head injury was made worse due to the lack of a helmet. The best way to avoid the risk of that is to simply protect that noggin' and wear a helmet! Every case is different, however, and an experienced and committed attorney will do everything in their legal power to maximize your compensation.
What Should I Look For in a Bike Helmet?
Whether you're a commuter, mountain biker, gravel rider, roadie, triathlete, or gran fondo rider, the style of helmet you choose to wear doesn't really matter as long as it meets your needs—it is in your budget, it fits your head, and it is comfortable and offers good user visibility.
- Cost–Helmets range from $50 to $500. For most commuters, there isn't any reason to spend more than $100 on a bike helmet. Racers may want a helmet that not only protects their head, but is as lightweight or as aerodynamic as possible.
- Fit–A helmet is only as good as its fit. A good fitting helmet shouldn't move around on your head as you ride (the straps should be comfortable yet tight). There should only be a small gap between your eyebrows and the rim of the helmet (if you can fit more than two fingers between the rim of the helmet and your eyebrows too much of your forehead is exposed), and it should have some sort of tension device that allows it to remain secure.
- Comfort and Visibility–Having a comfortable helmet means you're more likely to wear it. Visibility means the helmet doesn't impede your vision. Having a comfortable helmet that doesn't impede your visibility means:
- The helmet doesn't sit too low on your head, impeding vision.
- The helmet works with your glasses or sunglasses (or vice versa) and doesn't shove the glasses off your face or pinch them against your ears.
- The helmet is an appropriate weight and doesn't cause neck pain.
- The helmet has enough vents to allow for airflow.
- Other features of the helmet make it comfortable enough that you forget that it's there.
- Safety–While all helmets sold in the United States must pass a very basic, and out of date, safety threshold, many newer helmets have certain technologies that claim to reduce concussions. More on this in the next section.
HWhat do MIPS, WaveCel, and Other Rotational Force Technologies Actually Do?
Most helmet manufacturers incorporate "slip plates" or other technologies in their higher end helmets to reduce or redirect rotational energy away from the head, which allegedly reduces the severity or likelihood of concussions. These technologies include MIPS, WaveCel, Spherical Technology, SPINN Pads, ROTEXX Pads, CelMotion, and others. But do they work? Is it worth the extra cost? What does the data say? Virginia Tech's studies claim that MIPS does work, and has gone as far as creating a ratings page that classifies helmets in safety. Testing by the Snell Foundation has not found conclusive results. Others claim that MIPS and other technologies are merely marketing tools. Helmets.org says that while slip plates need more testing to confirm whether or not they work, what really matters when reducing shearing or rotational forces on the brain is having a smooth, hard-surfaced, round-shaped helmet either with minimal air vents or air vents that keep the helmet's round shape. In this approach, the idea is that reducing rotational forces on the brain starts with the helmet's exterior, not the slip plate layer between the helmet and the user's skull. As such, Helmets.org suggests avoiding helmets with visors or any fashion protrusions, including child helmets with ears, horns, mo-hawks, or ridges. The choice is yours when it comes to MIPS and other slip plate technologies.
Circumstances in Which a Specific Type of Helmet May be Beneficial
The more specialized your sport, the more it makes sense to purchase a helmet that fits your needs. A downhill mountain biker probably wants a full face helmet. An experienced triathlete may want to consider an aero helmet. A cold-weather commuter may want to invest in a helmet shell, helmet cover, or a helmet with minimal vents to keep out the cold air. But for 99 percent of cyclists, wearing a specific style of bike helmet just doesn't matter all that much.
If You Were Injured in a Colorado Bike Crash, Call Colorado Bike Law Today
Bike vs. motor vehicle crashes are often much more complicated than motor vehicle vs. motor vehicle collisions. Because of this, we encourage you to discuss your claim with an attorney who specializes in bicycle injury cases. Bicyclist injury claims are ourfocus at Colorado Bike Law, and this shows in the results we are able to deliver for our clients. Call Colorado bike attorney Brad Tucker at Colorado Bike Law today at 303.694.9300 to schedule a consultation at no cost.