If you’re in an accident and weren’t wearing a helmet, you may wonder if you can still seek compensation for your injuries. California laws around helmets are clear, but many don’t realize that they may still have a case even if they weren’t wearing one. Let’s look at what the law says and how helmet use (or lack of it) affects your personal injury claim.
California Helmet Usage Laws: What You Need to Know
California enforces laws to reduce the risk of head injuries, as helmets have been shown to significantly decrease the risk of death and severe brain injuries in crashes. Even if you weren’t wearing a helmet, you may still have a legal claim, but the law’s intention is to encourage safe practices to protect riders across all ages.
In California, bicycle (CVC §21212) and motorcycle (CVC §27803) helmet laws aim to reduce head injuries and fatalities by requiring helmets for certain vehicles and under specific conditions. Here’s how the requirements breakdown:
- Motorcyclists: All motorcycle riders and passengers, regardless of age, must wear helmets that meet federal safety standards.
- Bicyclists: Bicycle riders under the age of 18 must wear helmets. This rule applies to both riders and passengers, including those in bicycle trailers.
- E-Bikes:
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- Class 1 and Class 2 E-Bikes: Only riders under 18 are required to wear helmets.
- Class 3 E-Bikes (which can go up to 28 mph): All riders, regardless of age, must wear helmets when riding on public roads.
- Electric Scooters: Riders under 18 must wear a helmet.
Will Not Wearing a Helmet Affect My Claim?
Not necessarily. If your injuries involve areas like your arms, legs, or ribs, the lack of a helmet typically won’t matter. However, if you suffered head or neck injuries, a court might reduce your compensation if not wearing a helmet worsened your injuries. For example:
- You were riding a motorcycle and sustained a head injury in a crash caused by a speeding driver. If the court finds that not wearing a helmet made your injury 15% worse, your $100,000 award might be reduced to $85,000.
Even so, the other party’s negligence remains the primary factor. Don’t let fears about helmet laws stop you from pursuing your rights.
Common Head Injuries in Helmet-Related Accidents
Head injuries are common in accidents where helmets aren’t worn. Some injuries can have long-term effects. Here are some examples:
- Concussions: Brain trauma can lead to headaches, memory loss, and dizziness.
- Traumatic Brain Injuries (TBIs): These can cause permanent changes in mood, movement, or thinking.
- Skull Fractures: Breaks in the skull can lead to complications and require extensive medical care.
When Not Wearing a Helmet Does Not Affect Your Claim
In some cases, not wearing a helmet may not impact your ability to claim damages. Here are specific situations where the absence of a helmet likely won’t affect your claim:
- Injuries Unrelated to the Head or Neck: If your injuries have nothing to do with your head or neck, the lack of a helmet typically won’t affect your case. A broken bone on a leg, arm, or rib or any soft tissue injuries like sprains, strains, or bruises unrelated to the head.
For example, if a distracted driver causes a crash, and you suffer a broken wrist, the fact that you weren’t wearing a helmet is irrelevant to your compensation. In contrast, if you’re hit by a speeding vehicle and sustain a head injury, a court might evaluate how much worse the injury was because of not wearing a helmet.
- Accidents Caused by Another Party’s Negligence: If the other party’s actions were the primary cause of the accident, not wearing a helmet might have minimal impact on your claim. For example a rear-end collision while you were stopped.
Insurance companies often leverage the absence of a helmet to reduce payouts, even if the injuries aren’t head-related.
2022 Bicycle and Motorcycle Accident Report
Across Los Angeles, Orange, and San Diego counties, cyclists and motorcyclists face fatal or life-altering accidents. These numbers are more than statistics—they represent families and individuals impacted by negligence or unsafe conditions.
Los Angeles County
Bicycle Accidents: Nearly 2,000 crashes left 36 riders dead and over 2,000 injured.
Motorcycle Accidents: Over 2,800 crashes resulted in 143 tragic deaths and more than 3,100 injuries.
Orange County
Bicycle Accidents: Almost 1,000 crashes took 21 lives and injured 999 cyclists.
Motorcycle Accidents: With 853 crashes, 35 motorcyclists lost their lives, and 904 were injured.
San Diego County
Bicycle Accidents: 761 crashes led to 10 deaths and over 800 injuries.
Motorcycle Accidents: Nearly 1,500 crashes resulted in 53 deaths and close to 1,600 injuries.
Are you or someone you know part of these numbers? If so, know that you have rights. Our team is here to help ensure you receive the compensation you deserve. Contact us today for a free consultation.
Contact a Personal Injury Attorney at El Dabe Ritter Trial Lawyers
If you’ve been in an accident and weren’t wearing a helmet, don’t assume you can’t make a claim. While California’s helmet laws may impact your case, they don’t necessarily prevent you from recovering damages. You deserve the chance to discuss your rights with an experienced personal injury attorney.
Contact us today for a free consultation to learn how we can help you get the compensation you deserve. We’re here to answer your questions and guide you through every step of the process.
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