California is the number one U.S. state for motorcycle registration (802,500 in 2022).
California also has a helmet law, which could impact motorcycle accident claims. The experienced San Bernardino motorcycle accident lawyers at LA Century Law explains how.
Overview of California’s Motorcycle Helmet Law
Does California have a motorcycle helmet law?
Yes.
Do motorcycle helmets have to be U.S. DOT-approved?
Yes.
Is eye protection required?
No, but it is recommended.
Are long sleeves and pants required?
No, but they are recommended.
What is the California helmet law for motorcycles?
California Vehicle Code 27803 requires every motorcycle rider to wear a helmet. The law applies to operators and passengers, including both adults and children.
The CA motorcycle helmet law applies to:
- Motorcycles
- Motorized bicycles
- Motor-driven cycles
Slightly less than half of U.S. states have motorcycle helmet laws that apply to all riders.
Most states require some riders to wear helmets in some circumstances, often applying to children, inexperienced riders, or certain engine sizes.
California law states that the legislative intent is to provide a safety benefit while riding a motorcycle.
How Helmet Use Affects Motorcycle Accident Claims in California
- Helmet non-use may reduce motorcycle accident compensation.
- Even if the motorcyclist is not at fault for the accident, compensation may be reduced for failing to wear a helmet.
- California law doesn’t explain exactly how failing to wear a helmet impacts compensation.
- There is no court case or jury instruction explaining how to address helmet non-use in a compensation claim.
Generally speaking, it is almost certain that failing to wear a helmet impacts a claim. It just isn’t clear exactly how it should be addressed.
Addressing helmet non-use in motorcycle claims
There are a few different ways that California could address helmet use in a motorcycle accident claim.
No duty—The courts could say that the motorcycle rider has no duty to others to wear a helmet, so compensation is not affected. This is unlikely since California has a motorcycle helmet law and California allows failing to wear a seatbelt as an affirmative defense (CACI No. 712).
No causation—The courts could say that failing to wear a motorcycle helmet, while unadvisable, is not likely to be the cause of any accident. They could say that, without causation, there is no impact on the victim’s claim for compensation. Note – It is unlikely that this is how California courts would handle the issue.
Comparative negligence—Helmet non-use may be seen as an act of negligence. California uses a pure comparative negligence system to apportion liability. Not wearing a helmet could factor in the percentage of fault assigned to each party.
Failure to mitigate damages—Helmet non-use may be considered a failure to mitigate damages. The courts may decide that damages could have been less with a helmet. The finder of fact could be tasked to determine the extent to which damages would have been reduced with proper helmet use.
U.S. states generally split between treating motorcycle helmet non-use as comparative negligence or as a failure to mitigate damages. With California using pure comparative negligence laws, either method would likely lead to a similar reduction in compensation. While helmet non-use is probably not fatal to a claim entirely, it is likely to reduce a compensation award.
At some point, the legislature could pass a law to clarify how helmet non-use impacts a motorcycle compensation claim. Alternatively, a court could issue a precedent. Until then, litigants are left to determine settlements with what guidance is available.
What if you were wearing a helmet at the time of a motorcycle collision? Does the California motorcycle helmet law impact you then?
A person wearing a helmet in a motorcycle accident will probably not see any impact on their claim. If the helmet was not DOT-compliant or did not fit properly, compensation may be reduced.
How insurance companies use helmet use against injured riders
Insurance companies try to use helmets non-use against injured riders. If they tell you that you can’t receive compensation because you weren’t wearing a helmet, know that this isn’t true. They may overstate how not having protective gear impacted your damages.
You can fight back. You can work with medical experts, explaining how or if failing to wear a helmet impacted your injuries. Fact witnesses can provide other details, including proving the negligent acts of the party at fault.
You can have representation from an experienced motorcycle accident lawyer.
Motorcycle Accidents Without Protective Gear: Increased Risk
The statistics are convincing—motorcycle helmet use saves lives.
When motorcycle helmet laws are repealed, deaths and injuries related to riding increase.
The National Highway Traffic Safety Administration (NHTSA) reports that motorcycle helmets saved 25,000 lives in 15 years from 2002-2017.
CA DMV says that most motorcycle accidents occur at speeds of less than 30 miles per hour. They say that at these speeds, helmet use can reduce the number of brain injuries by 50%. And when brain injuries occur, they are less serious.
Motorcycle use is higher in states with laws that require helmet use (81.5% compliance in states with helmet laws vs. 56.2% compliance in states that don’t require helmets. In addition to DOT-compliant helmets, an additional seven to 11% of riders wear helmets that are not DOT-approved (NSC).
NHTSA says that non-use of motorcycle helmets cost the U.S. economy $1.5 billion in 2017 alone.
Proving Liability in a Motorcycle Accident Claim
You must prove that another party acted negligently. If the motorcycle helmet law is raised as a defense, you can argue the extent of liability and whether it affected your damages.
How a San Bernardino Motorcycle Accident Lawyer Can Help
A San Bernardino motorcycle accident lawyer can assist you in bringing a motorcycle accident claim. At LA Century Law, we can represent you, even if helmet use may be an issue. We understand the law, so we can build a strong case on your behalf.
We know how insurance companies use helmet non-compliance against riders. We’ll fight back for you.
Contact a Lawyer
Call or message LA Century Law to talk about your case.