How Helmet Use Impacts a Motorcycle Injury Claim
If you ride a motorcycle in California, you already know what freedom feels like. The open road, the hum of the engine, the rush of air that makes cars feel like cages. But when that freedom meets physics, things can change in an instant.
And if you’re ever in a crash, one question almost always comes up: “Were you wearing a helmet?”
And it’s not just about safety; it’s also about how your claim is handled, how much compensation you can recover, and how insurance companies (and juries) see your case.
At In Motion Law, we represent riders across California who’ve been injured in motorcycle accidents, whether they were helmeted or not. Here’s how helmet use (or lack of it) can shape your case.
California’s Helmet Law: No Wiggle Room
Let’s start with the basics.
Under California Vehicle Code § 27803, all motorcycle riders and passengers are required by law to wear a U.S. Department of Transportation (DOT)-approved helmet whenever the motorcycle is in motion. No exceptions.
That means it’s not just recommended; it’s mandatory. Failing to wear one can result in a citation, fines, and, in the event of an accident, serious legal complications for your injury claim.
But here’s the thing: not wearing a helmet doesn’t automatically ruin your case. It just changes how the damages are evaluated.
Helmet Use and Liability: Enter “Comparative Negligence”
California follows a legal principle called pure comparative negligence (Civil Code § 1714).
That means even if you were partly at fault for your injuries (e.g., riding without a helmet), you can still recover compensation. Your damages just get reduced by your percentage of fault.
Here’s how it plays out in real life:
- You’re injured in a crash caused by a distracted driver.
- You weren’t wearing a helmet.
- The court finds the driver 80% at fault and you 20% at fault for worsening your head injuries.
- If your total damages were $100,000, you could still recover $80,000.
So you’re not barred from compensation. You just get less of it, proportionate to your role in the harm.
When Helmet Use Matters Most: Head and Neck Injuries
Helmet use mainly affects cases involving head or neck injuries. If you suffer a broken arm, road rash, or spinal injury, whether you wore a helmet is largely irrelevant.
But if you sustain a traumatic brain injury (TBI) or skull fracture, expect the defense to argue that your injuries wouldn’t have been as severe had you been wearing one.
This is where expert testimony and medical evidence become critical. At In Motion Law, we often work with accident reconstructionists and medical experts to show that:
- The crash itself (not helmet use) was the primary cause of the injury.
- Even with a helmet, the impact could have caused significant trauma.
- Other factors (like vehicle speed, angle of impact, or lack of driver visibility) played a greater role than whether the rider wore protective gear.
If you were injured in a motorcycle crash and you weren’t wearing a helmet, reach out to our lawyer to start building a strong legal case so you can recover maximum compensation.
Your Helmet Matters, But So Does Your Lawyer
Wearing a helmet can save your life and strengthen your case, but that doesn’t mean not wearing erases your rights. California law still protects injured motorcyclists from negligent drivers.
If you’ve been hurt in a motorcycle crash and the insurance company is using the fact that you weren’t wearing a helmet against you, contact In Motion Law today. Call at 619-693-8336 to schedule your free consultation.
Source:
leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=27803
