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California Motorcycle Helmet Laws

Motorcycle helmet laws in California require all riders and passengers to wear a safety helmet when riding.


It doesn’t matter if you’re just cruising down the block at five miles per hour, you can still expect to get a ticket and pay a fine of up to $250 for not wearing a helmet.


These motorcycle helmet laws are in place for your safety, as helmets have been proven to dramatically reduce head injuries and fatalities resulting from motorcycle accidents. Helmeted riders have up to a 73 percent lower fatality rate, according to the National Highway Traffic Safety Administration (NHTSA). Frank Penney Injury Lawyers invites you to read below for motorcycle safety information.

Head injuries account for the majority of serious and fatal motorcyclist injuries.”


- California DMV

Safety Standards for Motorcycle Helmets

To comply with motorcycle safety laws in California, you must choose a helmet that has been certified by the Department of Transportation (DOT). A non-compliant helmet is not as strong or well-padded as a compliant one, though they can look very similar and be sold in the same location. Make sure a U.S. DOT certification has been placed on your helmet by the manufacturer and cannot be easily removed.

WEARING EARPLUGS ON A MOTORCYCLE

It is against California law to wear a headset, earplugs, or earphones in both ears while riding a motorcycle unless they are ear protectors designed to reduce harmful noise levels. It’s important to always be able to hear emergency vehicle sirens and car horns.

Other Motorcycle Safety Gear

There are types of gear that fall outside of motorcycle helmet laws that are not mandatory but strongly encouraged you wear for your own protection. They are:

Face shields. DOT-certified helmets are available as half shell, three-quarters, or full-face helmets. Obviously, more coverage offers more protection. Don’t rely on glasses and windshields to protect your eyes and face — a helmet with a face shield is your best bet.

Boots. Over-the-ankle boots with durable, slip-resistant soles offer the best protection for your feet. At a minimum, wear closed-toed shoes and tuck in the laces.

Jackets. A motorcycle jacket should be fitted, but not too tight, and wind-resistant. There are many synthetic jackets on the market now, but classic leather still works just fine.

Long pants. Covering your legs may help reduce the amount of “road rash” in case of an accident, as well as reduce sun and wind exposure. Denim jeans are the most durable option, after leather.

Will Failure to Wear a Helmet Affect My Settlement?

If you are seeking compensation for motorcycle accident injuries to the head or neck, then failure to obey motorcycle helmet laws will almost certainly harm your settlement. If the injury occurred elsewhere on your body, there’s a chance that a good motorcycle accident lawyer can argue in your favor.


Your attorney will be opposing an insurance adjuster who will try to prove you to be an irresponsible driver and having ignored the law won’t do you any favors. Be careful to choose a lawyer who has experience winning many motorcycle accident settlements.

A Word About Defective Motorcycle Helmets

It’s possible that even a top-of-the-line, DOT-certified helmet can fail to perform as expected. For example, the helmet may crack too easily, or the chinstrap may become loose, causing the helmet to come off during impact and leading to severe motorcycle accident injuries of the brain, neck, or spine. When this is the case, it becomes an issue of defective product liability.


These cases often become complicated in the process of determining whether the fault lies with the manufacturer, designer, or other parties in the chain of commerce. If you suspect your motorcycle injuries were caused by a defective motorcycle helmet, get a free legal consultation right away.

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The California motorcycle accident attorneys of Frank Penney Injury Lawyers, understand why more and more men and women are being drawn to motorcycle riding in California. Many like to ride for recreation. They are drawn to the excitement of the open road and the many friendships they create with members of a motorcycle organization. Our state offers plenty of scenic rides along the coast and other highways. Some use motorcycles as their main form of transportation because they are a cost-efficient transportation method. However, you use your bike, we have a team ready to help you if you are involved in a wreck. If you were hurt because of someone else’s negligence, we believe you have the right to compensation. If you have medical injuries preventing you from working, the bills start piling up and it is important that you contact us as soon as possible. Our law office is available for you 24/7. Give our legal team a call today at 888-888-0566.

Injured Motorcyclist Resolved Case for $500,000 Policy Limit

Plaintiff was operating a motorcycle when he was involved in a collision in a rural part of San Joaquin County, California in May of 2012. The Defendant, driving a full-size pickup truck, made a left turn directly in front of Plaintiff, violently colliding with Plaintiff and his motorcycle. Plaintiff was ejected from his motorcycle, traveled […]

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