California Motorcycle Accident Lawyer

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Hit-and-run motorcycle accidents
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< Can you ride a motorcycle in California without a helmet?

When did California pass motorcycle helmets law? >

Is it legal to ride a motorbike without a helmet in California?

March 8th, 2022 at 7:28 am

Is it legal to ride a motorbike without a helmet in California?

California’s mandatory helmet law, as written in Vehicle Code Section 27803, explicitly 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.” It not only requires the person operating the motorcycle to wear a helmet, but also any passengers who are on the vehicle.

The law also extends beyond motorcycles, explicitly including all motorized bicycles and motor-driving cycles in its definition.

If caught riding without a helmet, you are subject to getting a ticket and paying a fine. If you get into a motorcycle accident while not wearing your helmet in California, it may negatively impact your case. The at-fault party in a motorcycle accident case may use a comparative negligence defense under California law.

So, what does this mean for you?

California law allows the defendant (at-fault party) to argue that the victim contributed to their own injuries. If the court accepts this defense, the victim may receive less compensation for their injuries.

For example, under California’s comparative negligence law, if not wearing a helmet made you 30 percent liable for your injury, then you would receive $70,000 instead of a $100,000 award for your motorcycle accident claim.

For more information, contact Jason Waechter, The Motorcycle Lawyer℠ and activate THE Motorcycle Network of Lawyers on your behalf. From San Diego to Sacramento and beyond, we can help after a motorcycle accident. We can be reached 24/7 anywhere in California at 1-877-BIKER-LAW.

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