Helmet Laws

Motorcycle riding comes with significant risks. According to the National Highway Traffic Safety Administration, 80 percent of motorcycle accidents cause death or serious injury to the motorcycle driver, passenger or both. The risks of injury or death can be reduced significantly with safe riding practices, including the use of helmets.

If a motorcyclist or passenger is involved in an accident, a helmet is critical to reduce the risk of life threatening head injuries. In fact, estimates reveal that thousands of lives have been saved because motorcyclists and passengers were wearing helmets when they were involved in motorcycle accidents.

In 1992, to increase the safety of its residents, California became a universal helmet law state when it passed a mandatory helmet law: California Vehicle Code Section 27803. The helmet law, which applies to motorcycles, motorized bicycles and motor-driven cycles, requires all riders and passengers to wear helmets at all times, regardless of their age. If a motorcyclist or passenger is caught riding without a helmet, the cyclist can receive a ticket.

In California, helmets cannot be damaged, and they must meet specific safety standards that are defined by the U.S. Department of Transportation (USDOT). For example, the statute includes the following minimum standards for helmet safety:

  • Helmets should weigh at least three pounds
  • The helmet must fit securely on the person’s head, without any excessive vertical or lateral movement.
  • The helmet must include a thick inner liner, which is usually at least one inch thick and made of polystyrene foam
  • A helmet must be worn on the person’s head and secured with riveted chin straps that are fastened to the helmet’s shell.

For more information about California’s minimum helmet safety regulations, see Federal Motor Vehicle Safety Standard 218. And to be sure that your newly purchased helmet complies with these federal regulations, look for an indication from the manufacturer, such as a sticker from the USDOT.

When motorcyclists are in violation of California’s helmet law, they can be subject to a range of penalties, from a $10 fine and “proof of correction” up to a $250.00 fine and one year’s probation. Fortunately, California’s universal Helmet Law has reduced the risks that motorcyclists and passengers face. For example, following the passage of the mandatory helmet law, the number of motorcycle-related deaths in California decreased by 37 percent. Also, the risk of motorcycle riders and passengers suffering a head injury in a Motorcycle Accident decreased by 69 percent. Further, the risk of head injury is not the only reason a motorcyclist should wear a helmet. Helmets also increase a rider’s safety by making them more visible to other drivers, because they literally increase a person’s size and oftentimes provide a noticeable, reflective surface.

If you or someone you love rides a motorcycle as a cyclist or passenger, be sure everyone understands and obeys California’s universal helmet law, which is strictly obeyed in San Diego. If you have any questions, be sure to contact King Aminpour Motorcycle Accident Lawyer, experts in San Diego Motorcycle Accident Cases. Because we’d rather help you obey the law and avoid injury than represent you after an accident has already occurred.

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