California’s helmet law is straightforward: everyone on a motorcycle must wear a helmet. This includes drivers and passengers, and it applies to all public roads and highways in California. There are also no exceptions based on age, experience or the type of motorcycle you’re riding.
What makes a helmet compliant?
Not just any helmet will do. Your helmet must meet standards set by the U.S. Department of Transportation. This means it must have:
- A thick inner liner, typically about one inch of polystyrene foam, which is crucial for absorbing impact
- A strong chin strap with solid rivets to keep it securely on your head
- A weight of around three pounds
- No protruding decorations that extend more than two-tenths of an inch from the helmet’s surface
To check if your helmet is DOT-compliant, it must have a DOT sticker on the back of the helmet and a manufacturer’s label inside the helmet stating compliance with Federal Motor Vehicle Safety Standard (FMVSS) 218.
Even if a helmet is DOT-compliant, it must also fit correctly. This means the helmet should sit snugly on your head, cover your forehead and stay in place without excessive movement.
How can helmet non-compliance affect a personal injury claim?
If you’re injured in a motorcycle accident while not wearing a helmet or wearing a non-compliant one, it could potentially affect your injury claim. California applies a “pure comparative negligence” rule in accident cases, allowing courts to divide fault among parties based on their actions. In some cases, courts may consider the lack of helmet use when determining fault or damages. This is especially relevant if there’s a clear connection between not wearing a helmet and the severity of injuries sustained.
However, the impact of not wearing a helmet on a claim can vary widely depending on the circumstances of the accident and the nature of the injuries. It’s important to consult with a legal professional who can provide guidance based on your specific situation.
Know how it might affect your case
Motorcycle accident cases involving helmet compliance issues require careful handling. An attorney can assess your situation and help you pursue the compensation you deserve.