Properly wearing a helmet can save your life. Yet, riding without a helmet means that insurers will be out to get you (denying fair compensation) when a careless driver careens into you on your motorcycle. California motorcycle helmet laws require all motorcycle riders to wear helmets. While the motorcycle helmet requirement pertains to every motorcycle rider, helmet laws in California also address bicycle helmets.
If you or a loved one rides a motorcycle or bicycle, it is essential to follow helmet laws. This isn’t just to comply with the regulations; it also provides protection from catastrophic or fatal injury in the event of an accident.
Azizi Law Firm is a team of personal injury lawyers dedicated to fighting for victims who are injured in motorcycle or bicycle accidents. Wearing a helmet can protect you from a head injury, and understanding California’s helmet laws also helps to protect you from being blamed after an accident and being denied the compensation you deserve.
Does California Have a Helmet Law?
The California Highway Patrol and California Department of Motor Vehicles have strict requirements with a mandatory helmet law. They were put in place because severe head injuries account for most of the reported injuries in the state.
The state’s motorcycle helmet law applies to all bikers, making helmets required. Helmet laws apply to motorcyclists, passengers on motorcycles, motorized bicycles, and those using a motor-driven cycle. The purpose of wearing protective gear is to prevent head injury, though not all motorcycle helmets are created equal.
Helmet laws mandate that you wear a United States Department of Transportation (DOT) compliant helmet, which features a DOT certification posted on a sticker that ranks its level of safety.
The law reasons that if you are wearing a helmet and get into a motorcycle accident, you will have better protection from injuries. No helmet can ultimately provide complete protection, though the right kind can help protect against fatal injuries. Motorcycle fatalities are drastically reduced when riders are wearing helmets.
Consequences of Ignoring the Helmet Law in California
If you do not follow motorcycle laws as per California law, it is possible to face both criminal punishments and civil consequences. Disregarding motorcycle helmet laws can not only land you in hot water by violating helmet law; it can leave you vulnerable to catastrophic or fatal injury, as well as the denial of recovery for damages a negligent motorist caused you to incur.
Potential Legal Issues Related to Helmet Law Non-Compliance
In California, if you are not wearing a safety helmet while on a motorcycle or motorized bicycle, it is against the law. If the police catch you without a proper helmet, you may be fined up to $250 and face a year of probation. The officer may find that you’ve violated other traffic laws, which can enhance your punishments if you’re not wearing a helmet.
As for civil ramifications, if you are not wearing a helmet and get into a motorcycle accident, even if it was not your fault, you may not be able to recover the total amount of compensation in your personal injury claim. When helmet law is examined for a personal injury lawsuit, the pure comparative negligence rule will apply to your motorcycle accident. This means that you will be held partially at fault for your injuries.
The insurance company will likely reason that a safety helmet could have prevented the injuries you sustained in your motorcycle accident. This can lead to your compensation being reduced and sharing the blame with the negligent driver who caused the crash.
California’s Helmet Law Protects Against Serious Injuries
On a motorcycle, motorized bicycle, or any motor-driven cycle, failing to abide by the California motorcycle helmet requirements is an immediate safety hazard that puts you at much greater risk for injuries. Motorcycle accidents are far more likely to lead to head injuries, such as brain contusions, skull fractures, intracranial hemorrhage, and traumatic brain injury.
Traumatic brain injuries (TBIs) are among the worst types of injuries you can get, as there is no predicting how serious they could be. You may have a mild concussion that will heal in time, or you could suffer permanent physical and cognitive disabilities. You might not think a helmet matches your personal style, but it is far better to wear a helmet than to have a life-altering injury.
What Is the California Bike Helmet Law?
We’ve discussed the importance of wearing a safety helmet while on a motorcycle. You must obey the state’s helmet requirements while on these motorized vehicles.
These laws also apply while riding a bicycle. However, wearing a bicycle helmet is only mandated for younger riders and is not mandated by the federal government. Riders of all ages may be subject to wearing an approved helmet on bike paths, so be sure that you check before you head out for any recreational activities.
When it comes to who must wear a helmet, local requirements aside, every bike rider aged 18 and under, as well as all passengers aged 5 and under, must wear a helmet. The law applies to anyone on a scooter, skateboard, rollerblade, or roller skates. Even if you or your family members are out of this age range, it is truly in your best interests to wear a helmet in the event of a bike accident.
When a rider wears a helmet, they have extra protection from the worst types of injuries. They may suffer a few scrapes and bruises or even broken bones, but a helmet will safeguard one of the most vital organs and prevent tragedy.
Safety Tips to Help Prevent Injuries from Motorcycle and Bicycle Accidents
No matter how many years you have been riding motorcycles or bicycles, accidents can happen. You may hit a pothole, or a driver may ram into you because they’re not paying attention. If you wear a helmet, you will have better protection, and it may save your life.
These tips can help you stay safer when using these modes of transportation:
Choose a Helmet That Meets Federal Regulation Standards
It is essential to make sure you’re choosing a helmet that abides by proper safety standards. Motorcyclists should choose a helmet that features a face shield that provides eye protection. A full-face helmet will be best for keeping you safe in the event of a crash.
Make sure there is a chin strap on bicycle helmets. Safety standards dictate that the chin strap should be attached with sturdy rivets to keep it firmly in place. If helmet straps don’t fit tightly, then it is not the right size for you. The weight of a bicycle or motorcycle helmet should be approximately three pounds. You can find out more about choosing a motorcycle helmet from the DMV.
Wear Additional Protective Gear
Helmets are the only mandated piece of gear you’ll need, though you can reduce the impact of other potential injuries with the proper clothing and gloves. Choose heavy, durable fabrics like leather.
For children, consider elbow and knee pads to keep them safe while on their bicycles, scooters, or skates. It’s also wise to wear clothing that is brightly colored and, if possible, made with reflective materials.
Pay Attention to Your Surroundings
Watching your surroundings is always advised on a motorcycle or bicycle, as obstacles can arise at any time. When you’re around other vehicles, you should be on high alert. Many drivers ignore motorcyclists and bicyclists because of distractions. If you’re paying attention and being vigilant, you’ll have a better chance of avoiding tragedy.
Additionally, remember that bicyclists are bound by the same rules of the road as motor vehicles. Follow the law accordingly to avoid trouble with authorities and prevent becoming a statistic in an accident.
Know What to Do If You’re in an Accident
There is little to shield you from the impact of a vehicle or with the road in an accident. If you have your helmet on, you’ll significantly reduce the chances of having severe injuries, though you may still be hurt.
You need to call the police to report the accident and get help on the scene. The police will create an accident report, which will be required for your injury claim. You’ll want to get evidence in photos and videos as well as contact information from the at-fault driver and witnesses.
Even with your helmet, your other injuries may prevent you from taking the proper steps after an accident. Hiring a car accident lawyer in Los Angeles is an imperative step for investigating your accident and securing evidence that you were unable to get at the time.
Since motorcyclists are often blamed by insurers, even when they did nothing to cause the accident, your attorney will protect your legal rights. Azizi Law Firm stands up for injured victims who are blamed by insurers and fights to get compensation while they heal. If you were hurt in a motorcycle accident, reach out to schedule a free consultation.
