Is It Illegal to Bike with Headphones?

Many cyclists enjoy listening to music or podcasts during their rides, but the legality of wearing headphones while cycling varies widely across the United States. There is no federal law that addresses this issue, but local regulations may apply. In some states, like California and New York, riding with one earbud in is perfectly legal, while states such as Rhode Island and Maryland entirely prohibit headphones while riding. Other states have no specific restrictions at all.

Although available bicyclist death statistics don’t prove whether headphone use tends to increase the fatality rate among this road user category, safety experts still recommend caution, and some states even implement fines for cyclists wearing earphones. Today, we’ll dive into the headphone laws in the USA so that you know your legal rights and obligations no matter where you are!

Key Takeaways

• Every state in America has different headphone laws to be aware of before taking your bike on a ride.
• You may be able to recover compensation after a bicycle accident, even if you were wearing headphones.
• You can receive a penalty for wearing headphones in those states where it is banned by law.

What Are the Main Headphones Laws Across the USA?

There isn’t a single federal law in America that either allows or prohibits wearing headphones while cycling. Every state, and even some counties within a state, has an individual view on the matter. For instance:

• Arizona: The state hasn’t passed any laws that regulate headphone use yet. Since the activity isn’t illegal, per se, many may assume the opposite. However, it is recommended to use a reasonable volume level and be conscious of your surroundings while biking.
• California: According to California law, it is forbidden to wear headphones in both ears. There are exceptions, such as specially designed ear protection that does not block the sound of a siren or a car horn, or a type of hearing aid that the person can’t function properly without.
• New York: Local regulations specifically state that wearing more than one earphone connected to any audio device is illegal.
• Oregon: In some Oregon counties and cities, such as Beaverton, bicyclists aren’t permitted to wear headphones that cover one or both ears.

Cycling with Headphones: State-by-State Laws

Since headphone regulations vary drastically from state to state, legal experts from our bicycle accident law firm have compiled a table to help you understand where you can and cannot wear headphones and what penalties are possible.

Penalties for Wearing Headphones While Cycling

Many people believe that riding with your headphones on is completely harmless. However, when a bicycle is hit by a car because the cyclist hasn’t heard it approaching, the situation can get complicated. 

To protect bike riders from this potentially avoidable road hazard, some local authorities approve special penalties aimed at reducing the number of those who wear headphones while cycling. Some of the most popular penalties include, but are not limited to, the following:

• Fines: An official monetary charge is one of the most typical penalties across those cities and states of America that deem headphone use illegal (California, Florida, Louisiana, Rhode Island).
• Citations: In Florida and New York, bicyclists may receive traffic citations since they violate the laws.
• Driving record points: Some jurisdictions (such as California) deduct points from the rider’s driving record if they break this rule. These points may affect insurance rates.

Most importantly, every bicyclist should realize that their personal decision to wear headphones while cycling affects their awareness of the surrounding traffic. Such unawareness can lead to a tragic collision or crash.

Are Bluetooth Earbuds Allowed While Cycling?

Hand-free devices are legal to use in some states. However, most state laws that prohibit or limit the use of headphones have the same effect on wireless earbuds, with some exceptions for devices that allow you to hear external sounds (having an ambient sound feature). 

Bluetooth earbuds will impair the cyclist’s ability to hear traffic noise and signal the same way that regular headphones would. To avoid any legal consequences and to reduce the chance of getting involved in a serious biking accident, you should always consult local ordinances on the matter.

Can You Recover Compensation for Bike Injuries If You Were Wearing Headphones?

Technically speaking, yes, you can. However, there are a few conditions. First of all, it depends on how the state regulations view contributing negligence. 

States abiding by comparative negligence and modified comparative negligence allow you to recover compensation even if you have partially contributed to the accident. Keep in mind that headphones can be a contributing element in this case. The amount of your contribution will be deducted from the final settlement.

In states such as Alabama, Maryland, North Carolina, or Virginia, you won’t be able to obtain any settlement for the sustained injuries if you are found even 1% at fault. These jurisdictions abide by pure contributory negligence laws.

There may be other exceptions that depend on the type or manner of the incident. For example, a hit-and-run bicycle accident is completely different from a dooring bicycle accident on multiple levels. Yet, in both instances, a cyclist can sustain severe injuries and claim fair compensation.

If you have been involved in an accident while wearing headphones and you want to know if you are eligible for financial compensation, you should consult a bicycle accident lawyer who understands local headphone laws.

Conclusion

Can you wear headphones and listen to your favorite music or a podcast while enjoying a ride on your bike? It depends. Headphone use is regulated by state laws and local authorities, but sometimes, it remains a legally gray area. 

If you want to avoid potential legal implications and protect your rights, contact us for a charge-free legal consultation. Our dedicated legal experts will instruct you on existing laws and regulations in the area. Moreover, if you or your loved ones have been injured in a cycling incident, we’ll help you recover the maximum settlement for the losses and damages you’ve suffered!

Posted by Robert Goldwater

Since his academic days at the UC Berkeley School of Law, Robert Goldwater has remained a committed advocate for victims of other people’s negligence. His tort law background, together with his unquenchable thirst for justice, helped young Robert found a now-successful law firm – Bicycle Accident Lawyers Group, gathering same-minded and promising attorneys from all over the country.

All articles by Robert Goldwater