Motorcycle crashes can be catastrophic. However, wearing a helmet can protect you from some of the worst head injuries.
But do you need to wear a helmet on a motorcycle, or is it optional? And can you claim compensation if you have a motorcycle crash, and you don’t wear a helmet? Our team answers these questions and more below.
What Are California’s Motorcycle Helmet Laws?
Crash helmets are mandatory in California for motorcycle drivers and their passengers. But it’s not enough to just wear a helmet. It must be approved as meeting federal safety standards.
- Your helmet must be certified as compliant with the US Department of Transportation (DOT).
- DOT-compliant helmets are usually sturdy, with significant padding, and impressive safety features.
- A failure to wear a DOT-certified helmet could result in financial penalties. In some cases, it may even lead to a license probation.
It does not matter how old the rider is in California. Anyone riding a motorcycle, or operating the bike, must wear a helmet. And there are no exceptions for passengers, either.
How Do I Know if My Motorcycle Helmet Meets State Safety Standards?
There’s never a 100% guarantee that a helmet is DOT-certified as advertised. However, here’s how you can attempt to verify a helmet’s safety compliance.
- Always buy a crash helmet from a legitimate and trustworthy seller.
- Look for a “DOT” sticker on the back of the helmet. This could be faked, but every genuine helmet will have one.
- Manufacturers place labeling inside the helmet to verify its safety. Again, such labels may be faked, but this is unusual.
- Look at the helmet quality. Thin or flimsy helmets could be counterfeit.
If in doubt, a reputable motorcycle dealer may be able to advise you if the helmet is genuine.
Benefits of Helmet Laws in CA
There are many reasons why wearing a crash helmet is a good idea if you’re a motorcyclist. Let’s consider the four main advantages.
1. Protection Against Severe Head Trauma
Without a helmet, there is nothing to protect your head from impact if you crash. Your skull, although strong, can still be severely damaged in a collision. This may result in a fracture, concussion, or traumatic brain injury.
DOT-certified helmets are designed to absorb impact in the event of a crash. They may offer some protection against impact injuries.
2. Reduced Risk of Eye and Facial Injuries
Motorcycle helmets may not all cover the eyes and face. However, they can still offer some protection, or barrier, against severe injuries such as eye damage or disfigurement.
It is recommended that you wear a face shield, locked-in, while riding. This will give you much stronger protection against face and eye injuries.
3. Avoidance of Legal Penalties and Fines
There are legal consequences if you fail to wear a crash helmet on a motorcycle in CA. Complying with the law helps you avoid penalties such as fines.
4. Easier to Claim Personal Injury Compensation
You should always preserve your helmet from a crash scene. Or try to obtain evidence, such as pictures, to prove you wore a helmet. If you have a personal injury claim, the helmet is vital evidence. It can help you claim the full amount of injury compensation you are entitled to.
Our motorcycle accident attorneys can explain if you have a compensation claim. We’ll also help you navigate the claims process – with the May Firm on your side, you’re never alone!
Penalties for Non-Compliance with State Helmet Laws for Motorcycles
As mentioned, there are penalties in CA for failing to wear a crash helmet when required to do so. You face fines of up to $250 if you don’t wear a helmet or it doesn’t meet DOT standards. It may be a defense if you reasonably believe the helmet to be DOT-certified. However, there’s no guarantee this will be accepted.
It’s also possible that penalties for non-compliance could affect future insurance premiums.
Exemptions to Motorcycle Helmet Requirements in CA
Typically, there are no exceptions to CA’s motorcycle helmet laws. However, there are proposals to exempt certain religious communities from the law. This would allow them to avoid removing headwear to accommodate a helmet.
Motorcyclists in CA would be wise to assume that, as of right now, no exceptions apply to the rule.
Do All US States Have Motorcycle Helmet Laws?
No. State helmet laws for motorcycles vary considerably. Out of state riders should always check the rules prior to crossing state lines. Otherwise, they could face penalties for failing to comply with another state’s crash helmet laws.
Can I Claim Compensation if I’m Injured without Wearing a Crash Helmet?
You can still file a personal injury claim if you’re hurt in a bike crash without a helmet. However, you’re expected to take certain steps to mitigate your risk of injury while on the road. So, if you’re hurt in a crash with no helmet, your damages may be reduced. The reduction will depend on factors such as whether you were partially (or wholly) to blame for the crash.
Our motorcycle accident lawyers can advise how your claim may be impacted by failing to wear a helmet.
Free Consultation with Motorcycle Accident Attorneys in California
Have you been injured in a motorcycle accident? Whether you wore a helmet while riding or not, the May Firm wants to help. Tell us what happened, and we’ll advise if you have a claim. We do not charge for initial consultations – and you will pay nothing at all unless we win your case.
At the May Firm, your safety, and well-being, are our top priorities. When you hire us, you become part of our family. It’s our privilege to serve motorcycle accident victims across CA – call us to discuss how we can help. Or leave us a message online and we will reply as soon as possible.
