While motorcycles are fun, adrenaline-inducing, and convenient, they are also dangerous. Getting into a motorcycle accident can result in serious injuries for the driver and any passengers. California state has laws dictating the mandatory use of a helmet when operating a motorcycle. To learn more read on and speak with a skilled San Mateo County, California motorcycle accident lawyer.
California’s Motorcycle Helmet Laws:
Because any motor vehicle has the potential to cause a crash and injury, each state has its own rules regarding safety features. California’s code regarding motorcycles, VEH § 27803 is as follows.
- The driver and any passenger of a motorcycle, motor-driven cycle, or motorized bicycle must wear a safety helmet that meets certain requirements including being fastened with straps, fitting the wearer’s head, etc.
- It is illegal to operate a motorcycle, motor-driven cycle, or motorized bicycle if you or any passenger is not wearing a safety helmet with the same requirements as above.
- It is illegal to be a passenger of a motorcycle, motor-driven cycle, or motorized bicycle if the driver, you, or any passenger is not wearing a safety helmet with the same requirements as above.
Essentially, regardless of whether you are driving the motorcycle or are a passenger, it is unlawful to ride on the bike without a proper helmet. These laws are designed to protect riders and prevent injuries.
How Can Not Wearing a Helmet Affect a Motorcycle Rider?
If a motorcycle rider or their passenger fails to wear a helmet while driving, it can result in a multitude of serious consequences. Consider the following.
- Legal penalties: As established in the previous section, not wearing a safety helmet while operating a motorcycle is unlawful. If you are caught riding without a helmet you could be charged fines of $250 or be put on probation.
- Physical injuries: Getting into an accident is never fun, but if you get into a motorcycle accident it can be extremely dangerous. Because you do not have the protection of a car, motorcyclists tend to be more severely injured during an accident. Wearing a helmet protects you from traumatic brain injuries and concussions. Although you may still be injured during an accident, wearing a helmet is an important safety measure.
- Negligence: Helmets are also an important factor when discussing fault in an accident. If you were driving a motorcycle and got into an accident you will likely pursue legal action against the negligent party. However, if you were not wearing a helmet the other driver may not be fully responsible for your injuries. Comparative negligence assigns a percentage of blame to each party involved. If you were not wearing a helmet you may be assigned partial blame for your injuries which means you will receive less compensation.
Failing to wear a motorcycle helmet is not a good idea. Your health should be your top priority, and helmets offer protection in case things go awry on the road. If you were involved in an accident speak with a personal injury lawyer to discuss your options.
