Yes. California prohibits riding a motorcycle without a helmet. California Vehicle Code § 27803 says that helmets are required for all adults and children, no exceptions.
Our experienced San Bernardino motorcycle accident lawyers at LA Century Law explain California’s motorcycle helmet law.
California’s Motorcycle Helmet Law Explained
California requires all motorcycle riders to wear helmets. The law applies to:
- Drivers and passengers
- Adults and children
- Motorcycles, motor-driven cycles, and motorized bicycles
California’s motorcycle helmet law is universal, meaning that it applies to everyone. It is illegal to ride without a helmet in CA.
Where does the California helmet law for motorcycles apply?
The California motorcycle helmet law applies to operating on public roads. The law uses the word highway but then defines highway to include streets, freeways, alleys, and any other place that is publicly maintained and open to public use for vehicular travel.
This broad definition can include a parking lot, depending on whether the parking lot is publicly maintained and open to the public.
Why California Enforces a Universal Helmet Requirement
The reasons for California having a universal helmet requirement are stated in the law. The law says that the goal is to give motorcycle riders the added safety benefit that a helmet provides (California Vehicle Code § 27803(g)).
Motorcyclists don’t have the protection that an enclosed vehicle offers. They are more vulnerable on the roads than vehicle occupants. The purpose of the CA motorcycle law is to mitigate some of the danger by protecting against head injuries.
The CDC calls motorcycle helmets “highly effective” and says that motorcycle helmets reduce rider fatality and brain trauma.
Penalties for Riding Without a Helmet
Failing to ride a motorcycle with a helmet may result in a ticket, punishable by a fine. Driver’s license points are not assessed.
How Helmet Use Impacts Motorcycle Accident Injuries
Motorcyclists account for 14% of motor vehicle deaths, but motorcycles make up only 0.6% of vehicle miles traveled. Wearing a helmet reduces the risk of head injury by 69%. Helmets are effective in preventing an estimated 37% of motorcyclist deaths.
Helmet laws are effective in encouraging riders to wear helmets. When Louisiana enacted a universal helmet law, riders in accidents were more than 11 times more likely to be wearing a helmet at the time of the crash. Fatalities, severe injuries, and moderate injuries all decreased in Louisiana after the law passed. But when Michigan repealed its universal helmet law, head injuries for motorcyclists increased 14%.
Source: CDC, Motorcycle Injury Prevention
Does Not Wearing a Helmet Affect Your Injury Claim?
If you’re not wearing a helmet, it will likely impact a claim for injury due to a motorcycle accident. You may still receive compensation, but the amount will likely be less than it would have been if you had been wearing a helmet.
California law doesn’t explain exactly how helmet non-use impacts an injury claim. For seatbelt non-use, California Vehicle Code § 27315 and a jury instruction say that seatbelt non-use may be considered comparative negligence.
For motorcyclists, it isn’t as clear how helmet non-use will affect an injury claim. The courts may treat failing to wear a helmet as comparative negligence or as failure to mitigate damages. It’s also possible that the courts will consider that the seatbelt law says that non-compliance may be considered negligence, but not negligence per se. The courts may interpret the legislature’s silence on the issue for motorcyclists as an indication that it’s appropriate to use negligence per se or fail to account for the non-use entirely. Until a California court rules on the issue, we don’t know for sure.
It is most likely that not wearing a helmet will negatively impact your motorcycle injury claim, but it may still be possible to receive significant compensation. Medical evidence and legal arguments may be especially important to the case. Contact our lawyers for a consultation about your claim.
Common Myths About Helmet Laws in California
MYTH: You don’t have to wear a motorcycle helmet if you’ve never been responsible for a car accident.
TRUTH: Motorcycle helmets are required for all drivers and riders, even if you’re a safe driver.
California Vehicle Code § 27803
MYTH: The California helmet law is unenforceable because federal helmet regulations are too complicated for the average person to understand.
TRUTH: A rider must wear a helmet that is certified by the manufacturer as USDOT-compliant. Motorcycle helmets must have conspicuous labeling to adhere to safety standards.
Bianco v. California Highway Patrol, 24 Cal.App.4th 1113 (1994)
MYTH: You can wear a soft hat, bandana, or beanie for a motorcycle helmet in California. If the police stop you, you can just say you didn’t know the helmet didn’t comply.
TRUTH: The rider doesn’t have the right to express notice from an officer or the court that a beanie or hat is non-compliant. As a practical matter, a soft helmet, beanie, or bandana poses an immediate safety risk. Law enforcement can immediately issue a ticket.
Dept. of Ca. Hwy. Patrol v. Superior Court, 158 Cal.App.4th 726 (2008)
Can you get the ticket dismissed by showing the court that you bought a helmet?
It depends on how the officer wrote the ticket. In California, some traffic tickets can be dismissed with proof of correction. This is commonly known as a fix-it ticket.
A California law enforcement officer may or may not write a “no motorcycle helmet” ticket as correctable. The courts have said that, in theory, motorcycle helmet tickets can be correctable. But the officer may decline to write a ticket as correctable because of an immediate safety hazard or because the person doesn’t agree to promptly get a helmet.
Correctability of a traffic ticket comes from statutes, not the constitutional right to due process. Most officers will say that failing to wear a helmet poses an immediate safety hazard and decline to make the ticket correctable. The court will give them a strong deference, but it may be possible to challenge the ticket.
Dept. of Ca. Hwy. Patrol v. Superior Court, 158 Cal.App.4th 726 (2008)
Contact an Experienced San Bernardino Motorcycle Accident Lawyer
If you have been in a motorcycle accident, contact an experienced San Bernardino motorcycle accident lawyer. LA Century Law is a premier injury law firm, fighting for the rights of motorcyclists throughout California. Call or message us now.
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