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< In California, what happens when a car hits a motorcycle?

Can you ride a motorcycle in California without a helmet? >

California Motorcycle Helmet Laws

February 21st, 2022 at 6:05 am

California Motorcycle Helmet Laws

California Requires All Riders to Wear a Helmet. California’s mandatory helmet law, as written in Vehicle Code Section 27803, states that it is “unlawful to operate a motorcycle, motor-driven cycle, or motorized bicycle if the driver or any passenger is not wearing a safety helmet.”

California’s motorcycle helmet law is rather broad. It not only requires the person operating the motorcycle to wear a helmet, but also any passengers who are on the vehicle.

What Happens If You Don’t Wear a Helmet in California? First, you can face potential criminal consequences. Since it is illegal in the state of California to ride on a motorcycle without an acceptable safety helmet, it is regarding by California law to be an immediate safety hazard punishable by a fine of up to $250.

Second, you can face civil consequences should you be involved in a motorcycle accident.

If you are injured in an accident and were not wearing a helmet at the time, your ability to recover monetary damages could be compromised.

Accident victims who are found to contribute to their own accident or injury are not barred from recovering damages, as long as another person is also to blame. However, the damage amount you can recover is reduced by your degree of fault. This concept is known as comparative fault.

An example may make it easier to understand, let’s say you are injured in a Los Angeles motorcycle accident and you are struck by a distracted driver. You are not wearing a helmet at the time of the crash and suffer severe injuries as a result of the crash.

The defense or insurance company will surely try to argue that if you had been wearing a helmet, your injuries would have been less severe. Let’s also say as a result of not wearing a helmet the court finds you 25% responsible for your injuries. Any settlement you are entitled to will be reduced by 25%. We have developed strategies and legal methods to combat these frivolous defenses.

For more information, contact a California motorcycle accident lawyer to learn more. From San Diego to Sacramento and beyond, we can help after a motorcycle accident. Nationally recognized as The Motorcycle Lawyer℠, Jason Waechter, is available 24/7 to take your call. Call 1-877-BIKER-LAW.

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