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What Are California’s Helmet Laws?
California’s motorcycle laws were created and enacted to ensure the safety of motorcycle riders and others who share their roads with them. Although some motorcyclists may believe that specific rules and regulations are too strict, it is still imperative that they follow the state laws to avoid potential penalties and ensure their safety and well-being.
California’s vehicle code requires all motorcyclists and their passengers to wear adequate safety helmets that meet the required standards. These helmet law requirements extend to any motor-driven cycle or motorized bicycle in California. The safety helmet must meet specific requirements and be securely fastened to the person’s head without excessive lateral or vertical movement.
Failure to wear a helmet could severely worsen your injuries, particularly head injuries. Additionally, riding a motorcycle without a helmet can result in getting a traffic violation ticket from law enforcement.
But will choosing not to wear a helmet affect your ability to pursue compensation if you are injured in an auto accident? Yes, but it’s not a cut-and-dry issue. If you were injured in a motorcycle collision when not wearing adequate safety equipment, you must seek professional legal representation from experienced personal injury attorneys.
What Are Common Motorcycle Accident Injuries When Riders Don’t Wear Helmets?
Motorcycle riders in California can suffer extreme and catastrophic injuries when involved in an incident involving larger motor vehicles. Riding without a proper safety helmet can significantly increase the chances of serious injuries, particularly to the head and neck region.
Some of the most common injuries incurred by not wearing a helmet include the following:
· Broken bones and fractures
· Dental injuries
· Facial injuries and disfigurement, which can also cause large amounts of blood loss
· Severe concussions and open head wound injuries
· Traumatic brain injuries, which can range from mild concussions to debilitating injuries that affect your ability to walk, talk, and perform daily functions
· Whiplash, which is a neck and spine injury that occurs when the head is suddenly forced forward and then backward in a whipping fashion
· And more
With a successful motorcycle accident claim, it may be possible to recover both economic and non-economic damages for your injuries and other losses. Potential financial recovery may include lost wages, medical bills, property damage, disability, etc. However, not wearing a helmet or other safety gear could negatively impact your total recovery.
What is Comparative Negligence?
California follows a legal doctrine known as comparative negligence or comparative fault, wherein every party in an accident could potentially bear a portion of fault for the cause of the incident. We are one of the few states that follows a pure comparative negligence system, which allows injured parties to seek compensation even if they were the party considered mostly at fault. That means that even if you were deemed something like 90% to blame for causing the motorcycle crash, you could still potentially recover compensation for your injuries and financial losses. However, because of the comparative fault rules, your established fault will directly correlate to the compensation you stand to recover.
For example, if you were deemed 30% at fault for causing the motor vehicle accident, your total compensation would be reduced by 30%. Depending on the circumstances of your case, this reduced percentage could mean financial losses in the thousands or hundreds of thousands of dollars.
Are You Barred from Filing a Personal Injury Claim if You Were Not Wearing a Helmet in a Motorcycle Crash?
You are still allowed to file a personal injury lawsuit if another person’s negligence caused your crash, regardless of whether you were wearing a helmet or not. Just because you were not wearing the proper equipment does not mean you cannot seek financial compensation for medical expenses, lost income, and other economic or non-economic damages.
However, the decision not to wear an approved helmet will undoubtedly be brought up in your case. It will likely affect your ability to recover the maximum compensation for your losses.
Insurance companies will review whether you wore a helmet during your motorcycle crash. Suppose you were wearing a helmet at the time. In that case, this will show the insurance company that you took reasonable steps to protect yourself—looking after your safety strengthens your legal claim. Riding motorcycles without helmets could face difficulties when filing insurance claims or personal injury lawsuits. An insurer could argue that the decision not to wear a helmet either caused or significantly worsened your injuries, and that your negligence is a reason to reduce the value of your claim.
What Other Factors Can Influence the Outcome of a Motorcycle Accident Case in CA?
Other factors that could influence the value of your motorcycle accident claim could include the following:
· The cause of the accident. For example, was the accident caused by another driver or entity in an act of negligence or recklessness?
· In a comparative negligence state such as ours, this personal injury law can affect your total financial recovery if it is decided that you share fault
· Thorough police reports can detail who or what the law enforcement officers think contributed to the crash. Surveillance footage can also help illustrate what happened
· When you sue for damages in a motorcycle accident case where you were not wearing a helmet, you can expect the lawyers for the defense to fight back and make the legal process more challenging, potentially affecting your finances
· The testimony of a professional accident reconstructionist can help determine the cause of the motorcycle crash and whether the helmet played a significant role in the victim’s injuries
Contact Our San Diego Law Firm to Speak with Our Motorcycle Accident Lawyers Today
If you have been in a motorcycle accident and suffered serious injuries, you must reach out to professional legal counsel for assistance in filing a claim. This is especially true if you were not wearing the proper safety equipment at the time of your motorcycle crash, as the failure to wear a helmet is not only against the law but can also negatively impact your financial compensation. To fight for every penny your case is worth, contact our San Diego legal team to discuss your options in an in-depth case review.
To request a consultation with our attorneys and legal staff, please get in touch with us at 619-768-2865.
