Helmet Laws and Motorcycle Accident Claims in California

Understanding State Helmet Laws and Motorcycle Accident Claims in California

California law requires everyone who rides a motorcycle in the state to wear a Department of Transportation (DOT)-approved helmet at all times, regardless of age or experience. While many California riders find this law to be burdensome or unfair, the reality is that all available accident statistical data indicate that helmet use significantly reduces the risk of a fatal head injury in a motorcycle accident. Head injuries are the top-reported fatal injuries in motorcycle accidents.

The National Safety Council reports that motorcycle helmets, when worn correctly, are 37% effective in preventing fatal head injuries when accidents happen. The California Office of Traffic Safety reported that in 2023, there were 583 motorcycle accident fatalities statewide, and head injuries consistently rank among the most common fatal injuries in these cases each year.

California’s helmet law applies to both drivers and passengers. Anyone who rides a motorcycle in California must wear a DOT-approved helmet. Failure to do so can not only lead to fines and other penalties but also to an increased risk of suffering severe injuries and limited legal options for claiming compensation.

If a police officer observes a rider without a helmet, this is grounds for a traffic stop, and the rider will face a heavy fine. However, riding without a helmet in California can also affect insurance, and the rider’s insurance company may increase their premiums if the rider is ticketed for failure to use a helmet or if they are injured in an accident while not wearing a helmet. Refusal to wear a helmet can also amount to comparative negligence in an accident case.

Claiming Compensation for a Motorcycle Accident in California

If you are injured in a motorcycle accident but you were not wearing a helmet, the other driver may have caused the accident, but your failure to comply with California’s motorcycle helmet laws will likely result in you being deemed partially liable for your damages. California enforces a pure comparative negligence law, meaning any percentage of fault assigned to a plaintiff is subtracted from their total case award. An experienced attorney can guide you on how to prove fault in a motorcycle accident in California so you can safeguard your financial interests.

Ultimately, every motorcycle driver and passenger in California must wear a DOT-approved helmet. Some may not agree with the state’s helmet law, but refusal to comply can not only lead to fines and other penalties but also a significantly increased risk of severe injuries in an accident. Even if you know you did not cause your recent motorcycle accident, if you were not wearing a helmet, this could lead to a severely diminished recovery.

If you have been injured in an accident and have questions about helmet laws and motorcycle accident claims in California, reach out to Bentley & More LLP right away. Our team has assisted accident victims statewide with all types of vehicle accidents, and we know the various challenges you could face in the aftermath of a motorcycle accident. We will answer your questions and explain what to expect as you pursue compensation for your damages.

FAQs

Why Are Motorcycle Accidents More Dangerous Than Car Accidents?

Motorcycle accidents are more dangerous than car accidents because there is a much greater risk of catastrophic or fatal injury. Even if a rider wears a DOT-approved helmet, they still face a severe risk of injury from the impact of the other vehicle and from hitting the ground. Motorcycle accidents are less common than car accidents because there are fewer motorcycles on the road, but the risk of severe injury is much greater in a motorcycle accident.

Can a Motorcycle Helmet Prevent a Fatal Head Injury?

A motorcycle helmet cannot prevent a fatal head injury in every accident, but it can dramatically reduce the risk of a head injury being fatal. Traumatic brain injuries are among the most commonly reported injuries from motorcycle accidents in California each year, and the most common fatal injuries from these accidents. California’s motorcycle helmet laws intend to reduce fatal head injuries from these accidents.

What Is a Motorcycle Accident Claim Worth in California?

The value of a motorcycle accident claim in California depends on several factors, such as the overall severity of the victim’s damages, whether they suffered permanently disabling injuries, and whether they share fault for causing the accident. You should hire a motorcycle accident lawyer at your first opportunity after an accident to have a better chance of securing appropriate compensation for the damages you suffered.

Can I Still File an Auto Insurance Claim if I Wasn’t Wearing a Helmet?

If you were not wearing a helmet, you can still file an auto insurance claim, but you face a diminished settlement for breaking California’s motorcycle helmet laws. Additionally, while you may receive a small settlement from the at-fault driver’s insurance policy, your own insurer may increase your insurance premiums once they receive notification that you were cited for driving a motorcycle without a helmet in violation of California state law.

Why Should I Hire a Motorcycle Accident Lawyer in California?

In California, you should hire a motorcycle accident lawyer to help with your case to increase your chances of holding an at-fault driver accountable for the damages they caused. Liability is contested in many motorcycle accident cases, and a rider could be unfairly accused of causing their accident or sharing fault with the defendant. You need an experienced attorney to help you resolve any such issues you encounter and help you secure appropriate compensation.

Get Trusted Legal Guidance Today

Any motorcycle accident has the potential to result in life-changing injuries, and you could face a very difficult recovery process after another driver has injured you. It’s vital to understand helmet laws, and motorcycle accident claims in California can be complex. An experienced attorney at Bentley & More LLP can provide compassionate legal counsel for your case. Contact our firm today to schedule a free consultation with a California motorcycle accident attorney.

About the author: Greg Bentley

Co-Founder & Trial Lawyer at Bentley & More LLP

Greg Bentley is Co-Founder of Bentley & More LLP in Newport Beach, California. With 36 years of experience, he represents plaintiffs in personal injury, wrongful death, product liability, insurance bad faith, dangerous road and property conditions, and construction-site failure cases. Admitted to the State Bar of California, Greg earned his J.D. from Western State University College of Law in 1990. He is a member of several invitation-only trial organizations, including the American College of Trial Lawyers and the International Academy of Trial Lawyers, and is active in multiple statewide and regional trial lawyer associations.

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