Los Angeles Motorcycle Helmet Laws
Wearing a safety helmet is the simplest and most effective way to reduce the risk of suffering a life-altering injury while riding a motorcycle. However, not every state requires motorcycle operators and passengers to wear helmets.
Even if you only ride occasionally or as a passenger on someone else’s motorcycle, you are expected to know and follow all Los Angeles motorcycle helmet laws while riding—to protect yourself and your right to civil recovery in the event of a crash. Here is a brief overview of what California state law has to say on this subject, each aspect a motorcycle accident lawyer can discuss during a private consultation.
What Kind of Motorcycle Helmets Are Required in Los Angeles?
California Vehicle Code §27803 establishes a universal helmet requirement for virtually all motorcycle operators and passengers in the Golden State, regardless of their age or experience level. However, not just any helmet meets the specifications set by California state law for motorcycle riders.
All motorcycle riders in Los Angeles must specifically wear a helmet that meets the criteria set by Federal Motor Vehicle Safety Standard (FMVSS) 218, which generally means a helmet with all of the following features:
- A total weight of three pounds or more
- A fiberglass or resin/fiber composite outer shell
- At least one inch of polystyrene foam inside the helmet, as well as a comfort liner also made of polystyrene
- Protection for the face and chin, not just the top of the head
- A face shield or visor that can be opened or closed
- A securable chin strap attached to the helmet by strong rivets
Helmets that meet these requirements generally have a “DoT” sticker on their exterior and on their packaging in retail locations.
Exceptions to the Motorcycle Helmet Requirement
The helmet requirement mentioned above applies to all Los Angeles riders and passengers on two-wheeled and three-wheeled motorcycles and motor-driven cycles. However, it does not apply to operators and passengers in three-wheeled motor vehicles with enclosed cabs, dimensions of at least seven feet long by four feet wide, and a total weight without passengers of 900 pounds or more.
Motorcycle Helmets and Comparative Fault
Because Los Angeles motorcycle riders are required by law to wear helmets, failure to do so could be considered comparative negligence if it contributes to a rider suffering an injury in a wreck. More specifically, if a court believes that a rider’s injury likely could have been prevented had they been obeying the law and wearing a helmet, the court could assign them a percentage of fault for their injury. Then, the court could reduce the amount of civil compensation the rider can receive for that injury by that percentage, even if someone else is still mainly at fault for the incident.
A Los Angeles Attorney Can Answer Questions About Motorcycle Helmet Laws
Regardless of the rules in other states, you and your passengers are legally required to wear helmets while on a motorcycle in California. However, if you complied with Los Angeles motorcycle helmet laws and were still hurt in a crash caused by someone else’s misconduct, you may have a right to seek civil recovery from them, which a capable legal professional can help you take advantage of.
A conversation with a qualified lawyer from CD Law can answer your questions about your legal options and provide guidance about the next steps to take in your unique situation. Call today to schedule a meeting.