Why California’s Motorcycle Helmet Law Matters

You ride a motorcycle. You either use it to find solace in riding, commuting to school or work, or stroll around the streets of Los Angeles. Riding a motorcycle can be beneficial and fulfilling. It is beneficial to ride a motorcycle since motorcyclists can travel faster and split lanes in California. Riding a motorcycle can also be fulfilling since it provides a different excitement.

The safety of all California motorcycle riders is of paramount consideration. Apart from enacting legislation to govern how they drive safely on the road, the speed limit, and conduct lane splitting, safety gear should be considered when prioritizing safety.

The head of all motorcyclists is very vulnerable to fatal injuries in motorcycle accidents. The force of the impact can cause severe damage to the head that leaves them with serious injuries, permanent disabilities, or even death.

The protection of motorcyclists has always been a priority for the government. For this purpose, California enacted motorcycle helmet laws. When motorcycle riders wear helmets, they reduce the probability of having head injuries.

California is one of 19 states that has passed a unified helmet law requiring drivers and passengers to wear helmets certified by the United States Department of Transportation. In California, everyone who operates a motorcycle is mandated to wear a helmet. And the law applies equally to all passengers of motorcycles and the drivers.

What Is California’s Motorcycle Helmet Law?

Before purchasing your motorcycle, you need to know what the law provides about its use. Your responsibility as a motorcyclist does not end with buying a motorcycle and making sure it is in good condition. Part of your responsibility is to keep yourself safe when riding a motorcycle. You may overlook this responsibility since you may think that it is enough to drive responsibly.

Helmet laws aim to reduce motorcycle accidents and fatalities. The California Motorcycle Helmet Law aims to reduce head injuries and deaths from motorcycle crashes. By having standards that meet or exceed the Federal Motor Vehicle Safety Standard, helmets sold in California provide a certain degree of protection.

The California Vehicle Code, Division 12, Chapter 5, Article 7, Section 27803 provides applying a universal helmet law in California. Thus, it is against the law for drivers and passengers on motorcycles, motor-driven cycles, or motorized bicycles to ride without a helmet. The California Highway Patrol can issue citations to violators who will not comply.

A universal motorcycle helmet law would mean that helmets are required for all motorcycle riders and passengers on motorcycles, motor-driven cycles, or motorized bicycles. This greatly benefits motorcycle riders by being mandated to follow specific safety equipment standards that meet or exceed the Federal Motor Vehicle Safety Standard.

California’s Motorcycle Helmet Law History

The 1960s saw the emergence of the use of motorcycles. However, no state had ever passed a motorcycle helmet usage law before 1966. This paved the way for the enactment of the Highway Safety Act of 1996. This Act is a federal law requiring states to pass a motorcyclist helmet usage law to protect further the safety and security of motorcycle drivers and other road users.

The Highway Safety Act contained provisions that will defund states that do not pass helmet usage laws. If states failed to pass motorcycle helmet usage laws, the federal government would withhold highway safety funds from those specific states. Congress then struck down the Helmet Law requirement, which prompted other states to revisit their helmet laws in 1975.

The National Highway Fatality and Injury Reduction Act of 1989 was another federal legislation that required states to enact motorcycle helmet laws. The said law again imposed a reduction in giving federal funds to states who will not enact their helmet laws.

As a result, almost all states have their own Motorcycle Helmet Law. Some states would apply partial helmet laws, which only required helmet use to a particular age demographic.

The state of California passed its universal helmet law in January 1992. According to NHTSA.gov, five years before the effectiveness of the universal law from 1987-1991, the annual average of motorcyclists killed was 596. In the five years following adoption, the annual average was 274. The numbers decreased at a 54 percent rate.

This proves to be an effective passage and implementation of Motorcycle Helmet Laws in California.

California’s Universal Helmet Law

The safety and security that motorcycle helmets provide are for all motorcyclists and passengers. Motorcycle accidents do not choose or specify who will be victims. Everyone can sustain a serious head injury as a result of this accident. Thus, the passage of the Universal Helmet law in California.

The California Vehicle Code provides for the Universal Helmet Law that states that all motorcycle and motorized bicycle drivers and passengers must wear safety helmets that meet state standards on their heads. The law does not provide an exception. This is different from Partial Helmet Laws that impose restrictions on certain riders.

In order to comply with the law, helmet manufacturers have been developing helmets that comply with the Department of Transportation’s federal standards for protection against traumatic brain injuries and other forces that cause a motorcycle rider’s head to move back and forth suddenly. The California Department of Motor Vehicle (DMV) also mandates that the manufacturer indicate that the helmet complies with U.S. DOT Federal Motor Vehicle Safety Standard (FMVSS) 218.

Motorcycle riders should wear helmets all the time as a rider’s unprotected head can be easily thrown about and smash against other objects in a motorcycle accident. This occurrence can cause serious brain damage and physical pain.

Why Did California Implement The Motorcycle Law?

The implementation of the Motorcycle Law is not just about enforcement. It is about protecting you and your loved ones from unnecessary and preventable injuries and death that may occur in the event of a traffic collision.

The implementation of the law is also not just about saving lives. The implementation of motorcycle helmet laws is also about providing economic relief to California taxpayers who currently provide medical care to thousands of injured riders who could have taken steps to prevent these injuries.

The Safety Helmet Use Law requires all motorcyclists to wear an approved helmet when riding on public streets. Motorcycle helmets protect the rider, passenger, and the public by reducing the risk of death or disabling injury in a motorcycle traffic crash. There will be fewer injuries and deaths of motorcyclists as a result. The more productive the citizens will be since they will be able to work, take care of their families, and live longer.

Motorcycle accidents also provide additional costs to the public. Many of the injuries incurred by riders are severe enough to require extended hospital stays, medical treatment, and rehabilitation. Other riders who suffer disabilities may become unable to work for periods of time or at all, requiring them to turn to public assistance for their subsistence. Others die as a result of their injuries, adding even more costs to the health care system.

What Are The Penalties For Not Wearing A Helmet In California?

If you ride a motorcycle without a helmet in California, the police may stop and ticket you for a traffic infraction. If you were also in violation of another statute, such as speeding or reckless riding, you might face even bigger penalties. In the most extreme situations, your motorbike may be seized by authorities.

The California Vehicle Code 27803 VC requires that motorcyclists and passengers in the state should wear helmets. A penalty of $197 will be assessed if a motorcyclist in violation of VC 27803 is caught. The fine for riding without a helmet can reach up to $250 per violation.

The California Highway Patrol shall confiscate the motorcycle if it may endanger public safety. It can also be confiscated if someone else driving it does not have a valid license or violates traffic laws.

A motorcyclist cannot escape a ticket for riding without a helmet. This action will result in the addition of another count of failure to appear, according to California Vehicle Code 40508. Per California statute, failure to appear may be punished as a misdemeanor.

A person who rides a motorized bicycle should also wear a helmet. If it is not worn, the owner may be given a ticket for this violation.

What Are The Types Of DOT-Approved Helmets In California?

It is important to choose helmets that are sturdy and fit for the rider. This decision point is non-negotiable since it can be the difference between life and death. Motorcyclists do not have to choose their helmets without any criteria. After all, motorcycle helmet laws are not just enacted for compliance. There is a reason for every provision of the law. These provisions have to be understood by the people it aims to protect.

The mandatory helmet law provides that motorcyclists wear a U.S. Department of Transportation (DOT) standardized motorcycle safety helmet. Such helmets should provide enough face and eye protection. Over the ankle closed-toe boots, long heavy pants, and a leather or vinyl jacket with reflective material are all recommended forms of protective apparel.

A helmet that does not comply with DOT standards has very thin liners and insufficient protective padding. These helmets, known as open-face or half-helmet styles, lack the strength, stature, and capacity to safeguard the user in a collision.

Some helmets would also appear to comply with DOT standards but don’t. Motorcyclists should be extra cautious when purchasing helmets since some would offer more protection than the manufacturers state, and these helmets usually cost less. Some of these helmets pose a suffocation or electrocution hazard, while some do not protect the back of the head from an impact.

The California Vehicle Code

The California Vehicle Code provides for the Universal Helmet Law that states that all motorcycle and motorized bicycle drivers and passengers must wear safety helmets that meet state standards on their heads. The law does not provide any exception, which is different from Partial Helmet Laws that merely impose restrictions on certain riders.

To comply with the law, helmet manufacturers have been developing helmets that comply with the Department of Transportation’s federal standards for protection against traumatic brain injuries and other forces that cause a motorcycle rider’s head to move back and forth suddenly. The California Department of Motor Vehicle (DMV) also mandates that the manufacturer indicate that the helmet complies with U.S. DOT Federal Motor Vehicle Safety Standard (FMVSS) 218.

Motorcycle riders should wear helmets all the time as a rider’s unprotected head can be easily thrown about and smash against other objects in a motorcycle accident. This can cause serious brain damage and pain.

In determining the proper motorcycle helmet to wear, the NHTSA provides for minimum standards:

Thick Inner Liner – An inner lining must be made of a non-flammable, firm material, and it should be at least one inch thick throughout the top, sides, and back of the head. A helmet that is typically not safe for riding has no foam padding or a bare plastic shell with no padding at all.

Sturdy Chin Strap and Rivets – A sturdy chin strap and rivets are essential in keeping the helmet in place during an accident.

Weight of Helmet – Helmets that comply with FMVSS 218 are typically around three pounds in weight. Anything less than three pounds could mean that the helmet is not safe.

Design or Style of Helmet – Motorcycle helmets are not meant to be stylish. If a helmet has colors or designs that would make the rider look like a toy, it is not safe to use. As long as it can help the motorcyclist avoid injury, it does not matter what and how the helmet looks.

Label By Manufacturer – The helmet must come with a label that states the manufacturer’s name, month and year of production, certification agency, model number, size, the weight of the material used to protect against shock.

Motorcyclists are required by law to wear helmets that meet FMVSS 218 standards for their protection.

What Are California’s Requirements For Wearing A Helmet?

The prevention of traumatic brain injuries and other head injuries is the primary goal of requiring helmets when riding motorcycles. This is important legislation since it concerns public safety. When mandating the use of protective equipment, it is also important to set standards as to the quality and type of equipment. In the case of California’s helmet law, it is not enough to wear a helmet. The specific standards for motorcycle helmets include:

Impact – The helmet needs to have a hard outer shell, which is able to protect the wearer’s head from impact. It also needs to have an inner liner that can absorb shock by stopping or lessening the transfer of kinetic energy onto the skull.

No Obvious Defects – The helmet should not have any noticeable dents, cracks, or other defects.

Fits Properly – The helmet should fit so that it doesn’t shift forward, backward or side-to-side. Additionally, one should fasten the chin strap securely so the helmet will not slip off during an accident.

Can I Still Recover Compensation If I Wasn’t Wearing A Helmet When The Accident Happened?

The California law prohibits riding motorcycles without a safe and standard motorcycle helmet. Non-compliance with the California Motorcycle Helmet law is an act of Negligence that warrants penalties. Motorcycle riders should be accountable for motorcycle accidents that result from not wearing a helmet. This, however, does not leave the motorcycle rider at fault without any remedies.

California driver’s and motorcycle laws are based on the principle of “Comparative Negligence.” Comparative Negligence provides that each party’s fault or Negligence is determined by their individual contributions to the motorcycle accident. Thus, all the motorcyclist has to do is prove the other party’s contribution to the resulting motorcycle accident. This remedy does not allow the at-fault party to escape liability but merely to lessen the damages, he ought to pay.

Thus, a motorcycle rider can’t receive compensation if he is not following all the safety standards set by California motorcycle laws. It is understandable for all that not wearing a helmet is a safety hazard that may pose a serious injury to a motorcyclist.

Wearing a motorcycle helmet is a must to keep the rider safe and allow them to recover compensation in a motorcycle accident that is not their fault.

How Can Not Wearing A Helmet Affect My Motorcycle Accident Claim?

Not wearing a helmet is a clear violation of the motorcycle helmet law. A motorcycle accident involving a motorcyclist that is not wearing a motorcycle helmet can be worrisome. He can be deemed the at-fault party in this case despite sustaining serious injuries. The wearing of protective gear is important to eliminate the presumption of guilt in an accident. This poses the question of whether a motorcyclist who was not wearing a helmet at the time of the accident can file a motor accident claim.

Yes, one can file a motorcycle accident claim despite this circumstance. The lack of wearing a helmet will not determine who is at fault, but it can be used against the biker to show that he was reckless. However, it may also work in his favor if he can prove that there was no way to avoid the accident despite him being safe while riding his motorcycle.

Wearing a helmet is essential for safety. If you’re not wearing one, you cannot blame anyone but yourself for the consequences that come with it if you were involved in an accident, especially when you are found at fault. The lack of your helmet will reduce your compensation if ever insurance coverage is available to pay for damages and injuries.

Contact Our Personal Injury Law Firm If You Need More Assistance

Motorcycle accidents involve various injuries, from a cracked rib to a severed leg and a traumatic brain injury. These injuries require a lot of rehabilitation and financial help. Asserting one’s right to recovery of damages may not be easy without the assistance of a motorcycle accident lawyer.

Daneshrad Law PC is here to assist you in negotiating with insurance providers, handling settlements with the at-fault party, or preparing pieces of evidence for a trial. We value every client we work with and want to ensure that they get compensated for their injuries.

Call us at 310.858.8239 to schedule a free consultation. We will assess the merits of your personal injury claim to help you determine the chances of a favorable outcome.