Motorcycling is a popular way to get around California, but it comes with a higher risk of suffering serious and fatal injuries in an accident. To reduce the risk of injury in a motorcycle accident, California requires all riders and their passengers to wear helmets. Failure to wear a motorcycle helmet could result in a fine and other penalties. Speak to a Los Angeles injury attorney for more information.
Motorcycle Helmet Use Requirements in California
California Vehicle Code (CVC) § 27803 states that a driver and any passenger on a motorcycle must wear a safety helmet that meets state and federal standards at all times. It is unlawful to operate a motorcycle or ride as a passenger without wearing the required safety helmet.
To “wear a safety helmet” is defined as having a helmet that meets the requirements of CVC § 27802 and is properly fastened on the wearer’s head using straps. It must also be the correct size for the individual.
State law requires all motorcycle helmets to adopt the U.S. Department of Transportation’s Federal Motor Vehicle Safety Standard 218. This law imposes helmet safety testing and performance requirements to ensure that all helmets perform correctly.
The Importance of Wearing a Motorcycle Helmet
Motorcycle riders are more prone to suffering severe and catastrophic injuries in traffic accidents than drivers of other motor vehicles. The National Highway Traffic Safety Administration found that in 2022, motorcyclists were 22 times more likely to die in motor vehicle accidents per vehicle mile traveled.
Motorcyclists are not protected by metal structures, airbags or seat belts in collisions. They may be ejected from their motorcycles in a crash or pulled beneath the tires of a motor vehicle. Impacts with the ground or fixed objects can result in serious injuries for the motorcyclist, including broken bones and traumatic brain injuries in Los Angeles.
Wearing a motorcycle helmet is the most effective way to reduce your risk of suffering a serious injury in an accident. The National Safety Council estimates that motorcycle helmets are around 37 percent effective in preventing fatal injuries to motorcycle operators and 41 percent to passengers. Helmets can protect the wearer’s head, brain, face, teeth, and neck.
Penalties for Riding Without a Motorcycle Helmet in California
If a motorcycle operator or passenger is stopped by law enforcement for failing to wear a helmet on a ride in California, the motorcyclist could be penalized with a fine of up to $250 and/or one year of probation. If a motorcycle rider was not wearing a helmet while violating another law, the penalties for violating the law can be increased due to the lack of a helmet.
Can Not Wearing a Motorcycle Helmet Affect an Accident Claim in California?
If a motorcyclist gets involved in a traffic accident and sustains an injury that reasonably could have been prevented or diminished by wearing a helmet, this could significantly impact his or her ability to recover financial compensation with an insurance claim. The insurance company may argue that the individual’s violation of California’s helmet law was a negligent act that contributed to his or her injuries.
While not wearing a helmet does not equal fault for a motorcycle accident, it could diminish the victim’s payout by attributing a percentage of fault to him or her. California is a comparative negligence state, meaning that a victim can receive partial compensation even if found to be at fault for an accident or injury. Proving that someone else is more at fault for the injury than the motorcyclist can help the victim maximize his or her financial compensation. Speak to a motorcycle accident lawyer in Los Angeles to look into your case.
For more information about recovering compensation for a motorcycle accident in California, contact an attorney at Panish | Shea | Ravipudi LLP for a free consultation.