If You Drive A Motorcycle, Do You Need To Wear A Helmet?
A variety of different traffic laws govern the state of California. Some of these laws pertain to helmets and, in turn, the situations in which helmets must be worn.
For more information about helmet laws and regulations in the Golden State, please read on as the Redding, CA, personal injury attorneys at Maire & Deedon explain more.
If You Drive A Motorcycle, Do You Need To Wear A Helmet?
The simple answer to this question is “Yes.”
Motorcyclists must wear a helmet in California. A failure to wear a helmet violates the state of California’s laws, which can, in turn, lead to fines and other penalties.
Outside of the basic law that states a motorcycle driver must wear a helmet, it is also important to note that the helmet a motorcycle driver wears must meet federal standards.
Some of the most notable federal standards that a motorcycle helmet must meet are as follows:
- A DOT sticker on the back of the helmet.
- A label that contains the manufacturer’s name.
- A design that ensures no component of the helmet is one-fifth of an inch away from its surface.
- A polystyrene foam inner liner.
- A riveted chin strap.
Given these standards, many novelty helmets do not meet the legal standard of what constitutes a helmet, and, as such, a motorcycle driver cannot wear them while driving in the state of California.
What Happens If You Don’t Wear A Helmet While Driving A Motorcycle?
A number of legal consequences can arise if an individual fails to wear a helmet while driving a motorcycle in California. Some of the most notable of these legal consequences are as follows:
- A fine of no more than $250.
- A probationary period no longer than one year.
Regarding the latter item in the list above, it is rare for a driver to be sentenced to one year of probation. But it can happen, especially if the driver who wasn’t wearing a helmet happened to be driving in a reckless manner.
Outside of those legal consequences, if a driver gets into a motorcycle accident and they aren’t wearing a helmet, then there is a chance that they may receive one of the following injuries:
- A traumatic brain injury.
- A spinal cord injury.
- A broken bone/broken bones.
Every single one of these injuries can, and likely will, significantly reduce an individual’s ability to live their life in the way that they are used to living it.
If the court finds that a driver wasn’t wearing a helmet, then, due to comparative negligence, it is likely they will receive fewer damages than they normally would. This is because, as a result of not wearing their helmet, the injured driver is partially responsible for their injuries.
Given these facts, if a motorcycle driver has been injured and they weren’t wearing a helmet, then it is of the utmost importance that they speak with a lawyer as soon as possible.
Speak With A Northern California Personal Injury Lawyer Today
If you were injured in a motorcycle accident and you weren’t wearing your helmet, you may still be entitled to damages for the injuries you’ve sustained.
Speak with a Northern California personal injury lawyer at Maire & Deedon today, and we will assist you in obtaining the damages that you are entitled to.