If you are injured in a Wisconsin bicycle collision with a vehicle and were not wearing a helmet during the collision, it is unlikely that the jury will hear evidence of this. 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, it is likely that this statute would also bar evidence of no helmet in a bicycle collission case. SEE MY ARTICLES ON HOW TO PROPERLY FIT A BICYCLE HELMET, AND HOW A HELMET PROTECTS YOU IN AN ACCIDENT (CATEGORIZED UNDER BIKE HELMETS ON THE RIGHT).
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.
Posted by Attorney Clayton Griessmeyer-Wisconsin Bicycle Accident Lawyer
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