subject: Understanding The California Motorcycle Helmet Laws [print this page] The California motorcycle helmet laws cover all riders and even bicycle riders aged 17 and younger.
The purpose of the law is to limit the severity of head and brain injuries, and death as a result of motorcycle accidents.
Helmets are designed to cushion the riders head from the impact of a crash or a collision.
Just like car seat belts, helmets are not designed to prevent accidents--its purpose is to lessen the damage and prevent major injuries and death.
According to the National Highway Traffic and Safety Administration (NHTSA), motorcycle helmets decreases the possibility of death by about 37 percent.
California Motorcycle Helmet Law
Under California state laws, all riders and passengers are required to wear a federally approved safety helmet when riding a motorcycle, a motor driven cycle or a motorized bicycle.
All federally approved safety helmets have a certification of compliance.
A helmet bearing a DOT self certification sticker will not apply if it does not conform to the federal standards.
Under the law, if you are cited for violations under the California helmet law, the arresting officer may permit you to execute a notice containing a commitment to correct the violations.
That is unless the police officer finds any of the following:
Proof of fraud or consistent neglect
The violation presents an immediate hazard
You do not agree or cannot correct the violation promptly
Aside from the proof of correction, the police officer may also fine you ten dollars.
One thing to note is that the California Highway Patrol (CHP) considers not wearing a helmet as an immediate safety hazard whether it is your first violation or not.
The courts also side with CHP on this.
So if you get stopped by a CHP officer, your penalty can range from a simple proof of correction and $10, or a fine of up $250.
How it affects Personal Injury Cases
If you are a rider who was not wearing a safety helmet when you got injured in a motorcycle accident, the defendant may use the California motorcycle helmet law against your claim by proving your own negligence.
Since the law applies to all riders and passengers in California, that constitutes your duty to be wearing a safety helmet while driving a motorcycle.
Since you violated the California helmet law, the defendant may argue that you committed a breach of duty by not wearing a helmet.
The defendant can also argue that not wearing a helmet proximately caused the injury. It means that if you would have worn a helmet during the accident you could either have avoided injury or lessened the severity of the injury.
Although you can still win the case, the damages to be awarded by the courts may significantly be decreased because of your contributory negligence.
To know more about the effects of this law, consult with a motorcycle accident attorney for more information.
