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Combating Comparative Fault for an Unhelmeted Cyclist

The following is a guest blog post by Michelle Weiss, an attorney with Bay Area Bicycle Law, the only firm in Northern California that exclusively represents cyclists.

A bill introduced earlier this year mandating helmet use for California adults (SB-192) was scaled back following opposition from bike organizations statewide. So for the time being at least, helmet use remains optional for adult cyclists in California. This means the issue of whether plaintiffs are contributorily negligent for not wearing a bicycle helmet remains a legal gray area. Continue reading

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