If you ride a motorcycle in California, it’s important to know and follow the state’s helmet law. California has one of the strictest motorcycle helmet laws in the country, and failing to comply can affect not only your safety but also your legal rights after a crash.
Our Santa Monica, CA motorcycle accident lawyer is here to provide insight on what you need to know about how the law works, how it applies to different riders, and how helmet use can impact your personal injury claim if you’re involved in an accident.
California’s Universal Helmet Law
California law requires all motorcycle riders and passengers to wear a helmet at all times while operating or riding on a motorcycle, motor-driven cycle, or motorized bicycle. This is known as a universal helmet law, meaning it applies to everyone, regardless of age, experience, or insurance status.
The legal authority for this requirement is California Vehicle Code Section 27803. It states that both the operator and any passengers must wear a U.S. Department of Transportation (DOT)-compliant helmet that is properly fastened with straps and fits securely.
What Makes A Helmet DOT-Compliant?
Not all helmets meet the required safety standards. A DOT-compliant helmet must:
- Have at least 1 inch of inner liner thickness made of firm polystyrene foam.
- Weigh around 3 pounds or more.
- Include a secure chin strap with solid rivets.
- Have a manufacturer’s label stating it meets DOT standards.
Helmets that don’t meet these requirements—such as novelty helmets—are not legal, even if they are widely sold online or in stores.
Penalties For Not Wearing A Helmet
If you’re caught riding without a helmet in California, you can be ticketed and fined. The base fine is usually around $100, but with additional fees and penalties, the total cost can be much higher. More importantly, riding without a helmet could be used against you in a personal injury claim if you’re injured in an accident.
How Helmet Use Affects Injury Claims
Helmet use doesn’t just affect your safety—it can also impact how your claim is handled after a crash. If you’re injured in a motorcycle accident and weren’t wearing a helmet, the other party’s insurance company may argue that you contributed to your injuries, especially if you suffered a serious head or neck injury.
That said, the fact that you weren’t wearing a helmet doesn’t automatically disqualify you from recovering compensation. California follows a pure comparative fault rule, which means you can still recover damages even if you were partially at fault. However, your compensation may be reduced in proportion to your share of responsibility.
If you’re facing this situation, our California injury firm can help you understand your rights and build a case that supports your recovery.
Work With Our Accident Attorney
At the Choulos & Tsoi Law Firm, we’ve spent years helping injured motorcyclists fight for fair compensation. We know how California’s helmet law can factor into a legal claim, and we’re here to walk you through the process if you’ve been catastrophically hurt in a crash.
If you or a loved one was involved in a motorcycle accident, contact us today for a free consultation. We’ll review your case and help you take the next step forward.
