A Helmet Law I Like...

Deerfield did it right with respect to their helmet law. Excerpted below, Deerfield's village code requires persons under the age of 16 to use a helmet, it provides for standards the helmet must meet, and it allows that proof of compliance within 10 days after the violation may be used as a defense. More importantly, Deerfield built in language that prohibits a lack of helmet to be used against a cyclist in a civil suit. This means that drivers who negligently hit a cyclist who was not wearing a helmet will not be able to assert the lack of helmet as evidence of contributory negligence.

If Illinois or Chicago is to entertain a helmet law, this would be the proper way to do it. A good helmet law would provide for penalties for lack of helmet, but it should not be used by careless or reckless drivers to defend themselves against claims for injuries they cause.

Sec. 22-121A. Helmets Required:

(a) Every person under the age of sixteen (16) years shall wear a protective helmet that meets the standards promulgated by the American National Standards Institute or the American Society for Testing and Materials or the Snell Memorial Foundation, Inc., whenever that person is upon a public highway, sidewalk, bicycle path or other public right of way within the corporate limits of the Village and is riding or being carried on any bicycle or any carrier attached to or pulled by a bicycle, or is skateboarding or using in-line skates.

(b) The provisions of Section 22-160A of this Chapter shall apply to any violation of any provision of subsection (a) of this Section, provided, however, notwithstanding anything contained herein or in said Section 22-160A of this Chapter to the contrary, compliance may be demonstrated within ten (10) days following issuance of a compliance ticket at the Village Police Station by proof of possession of a helmet that meets the standards specified in subsection (a) of this Section; and, solely with respect to the first such violation, there shall be no requirement to pay any fee as specified in Section 22-160A of this Chapter.

(c) A violation of this Section shall not constitute negligence, contributory negligence, assumption of risk, be considered in mitigation of damages of whatever nature, be admissible in evidence, or be the subject of comment by counsel in any action for the recovery of damages arising out of the operation of any bicycle, or participation in skateboarding or in-line skating, nor shall anything in this Section change any existing law, rule or procedure pertaining to any civil action. (Ord. 0-97-29, 7-7-1997)