Motorcycle Helmet Laws in California
On January 1, 1992, California passed a helmet law applicable to all riders and their passengers. Under Section 27803 of the California Vehicle Code, motorcycle riders and their passengers must wear helmets, when riding on a California highway. To date, a helmet is the most critical piece of protective gear a motorcycle rider or a passenger can wear. A non-helmeted motorcyclist involved in an accident is three times more likely to suffer a brain injury as a motorcyclist wearing a helmet. When a motorcycle is struck by a vehicle, the rider's head often hits the hard surface of the road, and many motorcyclists involved in accidents die from head injuries. Because of this danger, motorcyclists and passengers are required by law to wear helmets. These compulsory helmet laws have proven to be an effective strategy in reducing head injuries and fatalities in California. If you plan to ride a motorcycle in California, it is important to be aware of the following regulations:
- Rider and passenger must both wear a safety helmet
- Helmets must be secured with straps
- Helmets must fit the person's head closely
Helmets Spare Lives
Wearing a helmet may save your life. In comparison to cars, motorcycles are a much more dangerous form of transportation. Motorcycles often have the ability to outperform automobiles, with rapid acceleration and top speeds. They are less steady than cars when braking in an emergency, and less visible to other drivers. Motorcyclists are more likely to suffer serious or fatal injuries than car occupants are, because motorcycles are open, leaving the riders exposed and susceptible to contact with the road's surface. Helmets are the most effective tool to decrease crash-related head injuries, the leading cause of death among motorcyclists.
Failure to Wear a Helmet may Impact Your Case
If you ride a motorcycle in California and file a personal injury suit, the failure to wear a helmet may affect your case. California's helmet law requires that every motorcyclist wear a helmet at all times. However accidents still occur. You have a duty to follow the law and provide for your own safety, and operate your motorcycle in a responsible way. If it can be shown that you failed in this responsibility, the court may decide that you contributed to, or are partly to blame for your injuries, and this may prevent, or decrease your award.