As a motorcyclist in California, you should know that the state requires all riders and passengers to wear a federally approved helmet. Helmets meeting or exceeding the state’s requirements can be easily identified by the DOT sticker on the helmet when purchased. If the helmet is not new and does not have a sticker, the rider can confirm on the manufacturer’s website if it conforms to all DOT safety standards.
In addition to the legal requirement to wear a motorcycle helmet, riders should understand that these safety devices provide an immense amount of protection in the event of an accident or even from flying debris when riding. According to the National Highway Traffic Safety Administration, wearing a helmet immediately increases your odds of surviving an accident by 37% and reduces the potential for severe head trauma by 69%. However, there is a great deal more riders must understand when deciding if they are willing to wear an approved helmet when on a bike.
California Is A Comparative Negligence State
As a motorcycle rider, you understand there is a certain level of risk involved in sharing the roads with cars and trucks that are substantially larger than your bike. More than 10,000 accidents each year in California involve a motorcycle. Many of those are caused by the driver of a car or truck who did not see the bike or did not act in a safe and responsible manner, such as turning in front of a motorcycle. Many drivers who have never ridden a motorcycle are unable to accurately judge the speed of an oncoming bike and will turn in the path of the motorcycle, causing an accident.
Typically, in these cases, the driver of the car or truck is considered negligent and is liable for the injuries sustained by the rider. That means the motorcyclist’s losses and expenses related to the incident would be paid by the car or truck driver or their insurance. However, if the rider is not wearing a helmet, the court can find that there was shared negligence that resulted in the harm sustained by the rider. The argument is that if the rider were wearing a federally approved helmet, head injuries could have been less severe or even prevented.
Think About Your Future
If the thought of spending the rest of your life battling the results or a traumatic brain injury is not enough to make you wear a DOT helmet, then consider the cost of medical care and other expenses incurred by yourself and your loved ones if you suffer a severe head injury in a motorcycle accident. If you are wearing a helmet, the harm could be less severe, and there is a greater potential for the other driver to be found wholly liable for the accident and injuries you sustained. But if you are not wearing a helmet, you could be found partially liable for the harm you sustained and financially responsible for that same percentage of your future expenses and losses caused by the accident due to comparative negligence. The price of a quality motorcycle helmet is very minimal compared to the pain and costs you might face for not wearing one.
As the victim of injuries in a motorcycle accident, please contact LA Injury Attorneys today to discuss the facts of your case and how our experts will work diligently to protect you, your rights, and your future financial stability.
