California Motorcycle Helmet Laws: Impact on Your Injury Claim

California Vehicle Code Section 27803 requires all motorcycle riders and passengers to wear a DOT-compliant helmet at all times. This applies to: • All motorcycle operators regardless of age • All passengers on motorcycles • Motor-driven cycles and motorized bicycles The helmet must meet Federal Motor Vehicle Safety Standard (FMVSS) 218, which tests for impact, penetration, and retention. Novelty helmets that do not meet DOT standards do not satisfy the law.

Not wearing a helmet does not prevent you from filing an injury claim, but it can affect your compensation. Under California's comparative negligence system: • You can still recover damages even if you were not wearing a helmet • Your compensation may be reduced if lack of a helmet contributed to your injuries • The reduction only applies to head and neck injuries that a helmet would have prevented • Injuries to other body parts (broken bones, road rash) are not affected Importantly, not wearing a helmet does not mean you caused the accident. The at-fault driver is still liable for the crash itself.

Insurance companies frequently try to reduce payouts by arguing that the rider's injuries would have been less severe with a helmet. They may: • Blame all head injuries on helmet non-use • Hire biased experts to exaggerate the helmet's protective effect • Attempt to shift focus from the driver's negligence • Use helmet non-compliance to question your credibility A skilled motorcycle accident attorney can counter these tactics by presenting evidence about crash dynamics, injury causation, and the limitations of helmet protection.

Sometimes injuries occur despite wearing a helmet because the helmet itself was defective. Product liability claims may be possible when: • The helmet failed to meet DOT standards despite being marked compliant • A manufacturing defect caused the helmet to fail • The chin strap broke or failed during the crash • The helmet shell cracked more than expected on impact These claims can be filed against the helmet manufacturer, distributor, or retailer.