Motorcyclists in California have to wear a helmet according to Vehicle Code 27803. However, a careless driver is still liable for hitting a rider and can be sued for injury support, even if the rider wasn’t wearing one. Insurance companies will try to blame motorcyclists for every accident if they are allowed to. Don’t let them get away with this shady behavior.
If you were hit by a vehicle while on a motorcycle, contact Maison Law of Turlock today for a free, confidential consultation. We are advocates for safe rides for all riders and during your consultation, we’ll provide you with your best legal options.
Do I Need a Lawyer After Getting into a Motorcycle Accident Without a Helmet On?
If you are seriously hurt in a motorcycle accident caused by a careless driver, you should talk to a skilled Turlock Motorcycle Accident Lawyer. When medical bills go further than one trip to an emergency room, an at-fault driver’s car insurance provider will try even harder to avoid accepting responsibility.
Insurance adjusters may attempt to blame you for what happened or downplay your injuries. If you weren’t wearing a helmet when you were hit, they may falsely claim that your injuries are your own fault.
Your lawyer is your safeguard against these shady tactics. Your lawyer fully investigates what happened and backs up your injury claim with solid evidence. Then your lawyer makes sure you the reckless driver can’t wiggle out of liability. You’ll earn the most in compensation possible, regardless of whether you were wearing a helmet or not.
Can I Seek Compensation After a Motorcycle Accident If I Wasn’t Wearing a Helmet?
Yes. You can still file a motorcycle accident claim and demand compensation from a careless driver if you are struck. This is still true even if motorcyclists didn’t have helmets on. In California, reckless motorists aren’t excused for their actions just because a victim wasn’t using a helmet.
If a driver’s reckless behavior causes you to suffer injury, you are empowered to seek help in paying your medical bills and other damages such as your lost paychecks while out of work. Your non-economic damages, such as the pain you endure and the emotional hardships you are put through are also the at-fault driver’s responsibility.
The damage to a motorcycle must also be covered. Non-economic damages can include the loss of enjoyment of life riders will feel when they can’t get back on their motorcycles for weeks or months.
In some cases, a car insurance adjuster may attempt to argue that your injuries wouldn’t have been as severe if you’d had a helmet on. This would be a tactic used to try to reduce the amount of support the insurer would provide to you.
However, your Maison Law Motorcycle Accident Lawyer would fully investigate your accident and the background of the driver. The evidence would be used to keep the finger of blame firmly on the driver. Your attorney would seek the maximum in compensation available for your recovery and make sure you had the support to cover any medical care needed in the future.
What Is California’s Motorcycle Helmet Law?
Drivers also shouldn’t be able to avoid blame by citing the law. California does require riders to wear approved helmets, but that doesn’t mean dangerous drivers get a free pass when they strike a motorcyclist without a helmet on. The actual language of the law is posted below.
California Vehicle Code 27803:
“(a) A driver and any passenger shall wear a safety helmet meeting requirements established pursuant to Section 27802 when riding on a motorcycle, motor-driven cycle, or motorized bicycle.
(b) It is unlawful to operate a motorcycle, motor-driven cycle, or motorized bicycle if the driver or any passenger is not wearing a safety helmet as required by subdivision (a).”
Maison Law is an advocate for the rights and safety of riders. We urge all motorcyclists to wear helmets. Riders travel with very little protection when they are beside fast-moving and heavy cars, SUVs, and trucks. Even a light tap can send riders down hard on the road surface.
The CDC reports that helmets reduce the risk of a tragic death in an accident by 37%. Motorcyclists with helmets have a 69% better chance of avoiding a head injury.
What’s The Penalty for Not Wearing a Motorcycle Helmet in California?
Motorcyclists caught not wearing a helmet or wearing a helmet that doesn’t meet the proper specifications from the U.S. DOT may pay a fine of up to $250. Those consequences could increase if the rider without a helmet is also found speeding or making reckless moves.
Helmets are a powerful safety tool, but motorcyclists who aren’t wearing helmets can still ask for support from bad drivers who strike them. Your Maison Law attorney would be demanding the maximum in compensation for you and your family so you could begin to rebuild your life.
Contact a Lawyer Serving Stanislaus County Motorcycle Accident Victims
If you or a loved one has suffered a serious injury in a motorcycle collision caused by a careless driver, discuss your case with a skilled Turlock Motorcycle Accident Attorney as soon as possible. Accident victims should never be left to face the costs of recovery alone, no matter if they were wearing a helmet or not.
Contact Maison Law to make sure you are clear on the rights you have as a victim and the benefits that are available to you and your family. We offer a free, no-obligation case evaluation to all motorcycle accident victims and their families. We want to make sure victims get the support they need to recover and return to the road again.
If you feel we can help you earn more for your injury, you won’t need any upfront money to hire us. We don’t get paid unless we win your case for you. Then our fee comes out of the settlement check an insurance company provides.
