California Motorcycle Helmet Law

1. California Motorcycle Helmet Law

2. Motorcycle helmets l protect motorcyclists against injuries and reduce the severity of injuries in the event of an accident. Motorcycle helmet use saved over 2,000 motorcyclists in 2020 alone. While the use of helmets is not a requirement in all states, it's a requirement in California. Helmets can be crucial in reducing the increasing number of motorcycle accidents in Bakersfield. California Motorcycle Helmet Law In California, both riders and passengers must wear a helmet. Failing to wear a motorcycle helmet in this state is considered a traffic offense that could attract a traffic ticket and fine, or both. California Helmet Law comes into play when pursuing a motorcycle accident injury claim. Simply put, failing to use a helmet van hurt your chances of receiving damages for loss resulting from an accident; it's one of the defenses to a motorcycle injury claim.

3. California Motorcycle Helmet Law is defined under California Vehicle Code 27803. The law requires riders and passengers to wear safety helmets that meet specific standards. A standard helmet is a protective headgear that meets safety standards prescribed by the federal government. Helmets must fit the biker and should be fastened on the wearer's head with straps, according to the National Highway Traffic Safety Administration. While California riders and passengers must wear safety helmets, only riders under 18 must wear helmets in most states with helmets laws. California adopts the Universal Helmet Law. In other words, riding without a helmet is a traffic violation, punishable with a fine of up to $250 per violation. Breaking another traffic law while riding without a helmet can attract extra charges.

4. How Helmet Law Affects an Injury Claim Failing to wear a helmet in California has physical and legal risks. For instance, you'll likely sustain more severe injuries in a motorcycle accident. You also risk being fined for a traffic violation if caught by the police. Personal injury claims are based on negligence. Failing to wear a helmet can be cited by the defendant or the at-fault party to defeat your claim. In California, comparative negligence is applied in motorcycle accident claims, where the recoverable damages are reduced because the plaintiff is considered to have contributed to their injuries. California is a pure comparative negligence state, meaning the plaintiff can recover financially from the faulting party regardless of their contribution to the accident. However, the award is reduced proportionately to the percentage of fault. For instance, if your fault is 25% and the total value of the claim is $100,000, you can only recover 75% of the total award— $75,000.

5. Recoverable Damages in a Motorcycle Injury Claim The collectible damages for a motorcycle accident can depend on many factors, including: The severity of injuries or property damage; The applicable injury laws in your state, The cooperation of the defendant; The legal teams of both sides (defendant and plaintiff) and The type of damages covered in your insurance policy. You have three options for pursuing an injury claim in California, including: Filing a claim with your insurance company; Filing a claim with the insurance company of the defendant, or Filing a claim through the courts. The recoverable damages in a motorcycle injury claim can include economic and non-economic damages Economic Damages

6. Economic damages compensate the injured person for financial losses that can be objectively verified, including Past, current, and future medical expenses; Lost past and future earnings; Lost earnings related to damaged property; Repair or replacement costs of the damaged property; The economic value of domestic services, and Lost employment or business opportunities. Non-Economic Damages Non-economic damages compensate the plaintiff for subjective or non-financial losses resulting from a motorcycle accident, such as:

7. Pain, suffering, and inconvenience; Mental anguish; Loss of companionship; Loss of consortium, and Diminished quality of life. Punitive Damages Punitive damages are awarded to deter reckless behavior that is motivated by malice. However, punitive damages are neither economic nor non-economic damages because they're not personal injury damages.

8. Common Motorcycle Accident Injuries Motorcycle accident injuries can be divided into two; upper and lower extremity injuries. Upper extremity injuries refer to injuries above the waist, while lower extremity injuries refer to the injuries below the waist. According to the NHTSA, lower extremity injuries are more common than upper extremity injuries. Specific injuries that motorcyclists can sustain can include: Traumatic brain injury —TBI; Spinal injuries; Whiplash; Lacerations Broken ribs Broken or amputated limbs Internal bleeding Organ damage, and Facial disfigurement, among others.

9. How can a Lawyer Help? Victims of motorcycle accidents should seek justice for the loss resulting from the negligence of another party, party, or entity. A skilled and experienced motorcycle accident attorney can review your case and help you get the justice you deserve. Wearing a helmet is a requirement for riders and passengers in California. A motorcycle accident attorney can help you understand more about this subject.

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