California is one of the best states for motorcycle riders. It boasts good weather year-round, long stretches of well-maintained roads, and an unbeatable view that ranges from vast deserts to majestic mountains.
But before you get on a motorcycle in California, it’s important to know the laws, especially when it comes to helmets. Helmets reduce motorcycle crash fatalities by 30%, yet many bikers refuse to wear them. This can negatively impact your health, your claim, and your criminal record.
California Motorcycle Helmet Laws
California laws require bikers and their passengers to wear U.S. DOT helmets. The manufacturer must certify that these helmets comply with Federal Motor Vehicle Safety Standard (FMVSS) 218. The law applies to riders of not just motorcycles but also motor-driven bikes and motorized bicycles.
California’s DMV also assures bikers that they can decorate their helmets with Viking horns, mohawks, decals, and whatever else they choose. These decorations will not affect the safety of a U.S. DOT-compliant helmet. However, some say only modifications up to 5 mm are allowed.
Other California helmet requirements for motorcycles include wearing eye protection when riding your bike. This can include:
- Face shields attached to a helmet
- Goggles, so long as they protect your eyes from wind and debris
- Glasses or sunglasses with lenses that are shatterproof
You must also learn your rights and responsibilities as a motorcycle rider. This can inform your actions on the road and how you respond to emergencies.
Selecting a Helmet
U.S. DOT-compliant helmets usually have a label that shows the manufacturer’s name and address, helmet model, size range, production date, and FMVSS number. This label guarantees that the helmet meets strict safety standards required by law. If you ever have a question about your helmet’s compliance, contact the California Highway Patrol (CHP) or DMV.
The DMV also recommends the following when choosing a compliant U.S. DOT Helmet:
- The helmet should fit snugly around your head.
- It should have no apparent defects, such as frayed straps, loose padding, or cracks.
- It secures well on your head when riding and cannot fly off in the event of a crash.
U.S. DOT helmets that comply with motorcycle helmet safety laws California are always labeled appropriately. This shouldn’t be a sticker or anything else that’s easily removed. Here are some additional qualifications for U.S. DOT-compliant helmets:
- Foam lining of at least 1 inch
- A weight of approximately 3 lbs
- Thick chin strap with solid rivets
- Outer shell made of fiberglass or other sturdy material
Penalties for Not Wearing a Helmet in California
Riding without a helmet in the Golden State could lead to tickets and a $197 fine. Some bikers believe these tickets or fines are trivial and may choose to ignore them. However, the state of California takes them seriously. You’ll either need to pay the fine or hire a legal defense. Note that failure to appear for a ticket case could lead to a misdemeanor charge.
You may need a Los Angeles motorcycle accident lawyer if you have a strong argument and believe you shouldn’t have been ticketed or fined. For example, you might have taken the helmet off after being stopped by law enforcement or after a crash and then fined for not wearing it.
Why Wearing a Helmet Is Crucial for Your Safety
Avoiding fines isn’t the only reason you should wear a helmet. Years of use and studies have shown that helmets save lives. Here are some of the ways a helmet helps to protect your safety:
- Helmets protect your head from impact injuries, which can include concussions or even death.
- They prevent your face and eyes from getting hit by debris on the road or wind and rain while riding.
- A helmet keeps you warm when the weather is cold while also keeping you cool in hot weather.
- Helmets can protect your head and face from road rash, which can happen if your body drags along the road.
Helmets absorb energy after impact, such as after a fall or collision. It then distributes that energy over a larger surface area to reduce the risk of skull or brain injury. The hard outer shell also puts some distance between you and the road.
How Helmet Laws Impact Your Injury Claims
In the unfortunate event of a motorcycle accident, not wearing a helmet could negatively impact your claim. California takes a comparative negligence approach to personal injury law, meaning you could become partially liable for your injuries. The defendant could argue that you should be responsible for the severity of your injuries because you would have been better protected while wearing a helmet and other gear. This could reduce the amount of compensation you receive for your injuries.
Not complying with California’s helmet laws at the time of the accident may impact your claim in other ways. The defendant could argue that your failure to follow the law shows negligence and diminishes your case’s credibility. It’s important to always follow state laws and wear a helmet to protect your safety and legal rights.
What to Do if You’re Cited for Not Wearing a Helmet
Your first instinct might be to argue with law enforcement on the spot, but it’s best to avoid getting combative. This can negatively impact your case later on, especially if things escalate. You could find yourself in handcuffs if you get aggressive and could even be charged with resisting arrest if you continue to defend yourself.
So, what should you do? Every case is different, and no attorney can or should give legal advice without first reviewing the details of your case. Here are some general tips that apply to most instances:
- Remain calm. Stay respectful and calm when interacting with law enforcement. It’s better to take any disagreements you have to court, where you can present your case in a more organized and professional manner.
- Take note of the details. Mental notes are critical. Pay attention to the officer’s name, badge number, and the time and date of the incident. This information will help your lawyer if your case goes to court later.
- Get legal counsel. Contact an attorney when you receive a citation for not wearing a helmet. They can advise you on how best to proceed with the
