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HB 6505

AN ACT PROHIBITING A MOTORCYCLIST, BICYCLIST OR SKATEBOARD RIDER FROM FILING A CAUSE OF ACTION RELATED TO A BRAIN INJURY UNLESS SUCH PERSON WAS UTILIZING PROTECTIVE HEADGEAR OR A PROTECTIVE HELMET AT THE TIME OF SUCH INJURY.

2025 Regular Session Introduced by Tom O'Dea

Bill bars brain injury lawsuits by motorcyclists, bicyclists, and skateboarders unless they wore helmets, eliminating civil recourse regardless of defendant negligence.

REF. TO JOINT COMM. ON Judiciary
#bicycles #civilactions #helmets #motorcycles #skateboarding
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Bill Summary · HB 6505

Legislative bill overview

HB 6505 would prevent motorcyclists, bicyclists, and skateboarders from suing for damages related to brain injuries unless they were wearing protective headgear or helmets at the time of their injury. This creates a legal barrier to filing lawsuits by denying causes of action based on helmet non-compliance, effectively using comparative negligence as an absolute bar rather than a factor in damages calculations.

Why is this important

This bill fundamentally alters injury liability law by making helmet use a prerequisite for legal recourse rather than evidence in determining fault. It could affect hundreds of accident victims annually, particularly young people who skateboard or bicycle recreationally. The policy raises questions about access to justice and whether public safety should be enforced through criminal penalties (existing helmet laws) versus civil liability restrictions.

Potential points of contention

  • Access to justice concerns: Eliminates lawsuits even when defendants are primarily at fault (e.g., hit by negligent driver), potentially leaving injured parties without compensation for medical bills and lost wages
  • Enforcement mechanism: Uses civil law (lawsuit prohibition) to enforce what is traditionally a public safety/criminal matter, which some argue is duplicative and overly punitive
  • Disparate impact: May disproportionately affect lower-income individuals who cannot afford expensive helmets or may have limited safety resources compared to wealthy accident victims

Compiled from official sources — confirm details with the bill’s official record.

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