Originally Posted by M.G.L. Chapter 85 Section 11B(2)
...
(iii) Any person 16 years of age or younger operating a bicycle or being carried as a passenger on a bicycle on a public way, bicycle path or on any other public right-of-way shall wear a helmet. Said helmet shall fit the person's head, shall be secured to the person's head by straps while the bicycle is being operated, and shall meet the standards for helmets established by the United States Consumer Product Safety Commission. These requirements shall not apply to a passenger if the passenger is in an enclosed trailer or other device which adequately holds the passenger in place and protects the passenger's head from impact in an accident.
(iv) A violation of clause (ii) or (iii) shall not be used as evidence of contributory negligence in any civil action.
So you two hire your own legal researchers already.
Ask them who does the above apply to (hint, people below a what age, operating what where in which state. Does clause (iv) apply to anyone else? Better still, ask them what laws and precidents in contributory neglignce apply to YOU?
Or not. Personally I think this is a truly weak reason to wear a helmet, but that's just me.
-mr. bill