It's something the pro-helmeteers have touted at various points -- not wearing a helmet is perceived as negligent conduct. Will hopefully not figure into an actual court case, but certainly is effective on the lawyer's part in the court of public opinion.

Also makes me wonder how much of the public, and among just cyclists, views helmetless riding as irresponsible.

Where those kids were hit, is there a MHL/kid specific MHL in place?