Most roads in California offer scenic views for motorcycle riders, and it can be tempting to operate a motorcycle without a helmet. However, helmet statutes require that all motorcycle riders and passengers wear helmets while on the road. Failure to comply with helmet laws can result in a traffic citation and a fine. Failure to observe helmet laws can also leave you vulnerable to extensive injuries in case of a motorcycle accident. Seek the services of an accident attorney if you are accused of operating a motorcycle without a helmet.
Operating A Motorcycle Without A Helmet Law - Vehicle Code 27803
All motorcycle riders and passengers are required to wear helmets under Vehicle Code 27803. Traffic officers in California take helmet laws seriously. The police will pull you over if they find you riding or boarding a motorcycle without wearing a helmet.
Helmets are not only a legal requirement, but an important safety measure. Wearing an appropriate helmet can make a difference between life and death in case of an accident because motorcycle accidents often have severe consequences.
Motorcyclists are vulnerable to accidents. The purpose of a helmet is to protect you from face and head injuries, which can result in long-term disabilities or fatalities. You can avoid legal issues and protect your health if you comply with helmet laws. Motorcyclists and passengers should wear helmets that meet all the standards established by law. Regardless of your experience level and the length of your journey, you must comply with helmet laws when riding on public highways.
Helmet law does not discriminate. Whether you are a first-time passenger or a seasoned rider, you must wear a helmet. Vehicle Code 27803 applies to all types of two-wheeled motorized vehicles, including motor-driven cycles, motorized bicycles, and motorcycles.
Types Of Helmets Required In California
The law allows you to choose any helmet, depending on the style, budget, and riding skills but the helmet must meet DOT standards. You have no choice but to wear a helmet to ensure safety. This act is not only a legal requirement, but also enhances protection in any riding situation. The following are the standard helmets recommended under Vehicle Code 27803:
Full Face Helmets
The full-face motorcycle helmets are ideal if you do not mind extra weight. A full-face helmet will protect the whole head, with a chin bar running across the mouth. It also has a visor that can be lifted and extends from the chin bar over your brow. The visor prevents wind and other foreign materials from getting into your eyes. Full-face helmets offer the highest level of protection but may feel heavy or warm during long rides. These helmets are not recommended for long rides because the extra weight can strain your neck, back, and shoulders over time. Full face helmets are also uncomfortable on warm days unless they are vented. Secure a helmet that allows air circulation because California is often hot.
Open Face Helmets
Open-face helmets still make riding safer, but they do not offer the same level of protection as full-face helmets. These helmets are full face but have no chin bars or visor for wind protection. However, they are better ventilated without a visor. This prevents breathing in your own sweat during hot days. If you require a visor, you can find an open-face helmet with a removable or retractable windscreen to avoid wind and debris from getting into your eyes.
Half Helmets
Half helmets have many advantages over other headgear. They only cover the top of your head, but will still protect you from severe head trauma in case of an accident. These helmets are designed to offer protection, but their primary purpose is to provide comfort. They are lighter, making them ideal for longer rides. Half helmets also provide better ventilation because they do not trap any heat. You can wear some goggles and a facemask for wind protection if you are riding with a half helmet.
Modular Helmets
Modular helmets are unique because they are a hybrid of full-face and open-face helmets. They have an open face design and a chin bar, which can be lifted. You will have maximized wind protection with a visor as you enjoy the convenience of an open-face helmet. However, these helmets will not offer much protection because the detachable chin bar is not as sturdy as the fixed ones.
Consequences Of Operating A Motorcycle Without A Helmet
You can receive a ticket and be ordered to pay a corresponding fine if you violate Vehicle Code 27803. The court can impose a fine that does not exceed $197 if you are guilty of operating a motorcycle without a helmet. Fortunately, you will not be assigned DMV points. DMV points can increase your auto insurance rates, and you can face severe penalties if your points accumulate over time. You can face a negligent operator license suspension if you accumulate a certain number of points within one, two, or three years. The DMV can revoke or suspend your driver’s license if you accumulate too many points. However, your driver’s license can only be suspended after a DMV hearing.
Defenses You Can Present Against Your Vehicle Code 27803 Charges
It can be stressful to be accused of operating a motorcycle without a helmet. The situation can be overwhelming if you cause a crash and another person suffers injuries. You can employ several legal defenses to minimize or avoid liability. With the help of an experienced motorcycle accident attorney, you can present the following defenses:
No Sufficient Evidence
You can argue that there is insufficient evidence proving you rode a motorcycle without a helmet. You can present this defense without eyewitnesses, video footage, or clear physical evidence. Your attorney can strive to secure evidence like expert opinions or surveillance footage to strengthen your case and challenge the prosecutor’s evidence.
Sudden Emergency Doctrine
You can present a sudden emergency doctrine defense against VC 27803 charges if you had to make a quick decision because of an unexpected situation. For example, you can point out that you had no choice but to ride the motorcycle without a helmet to rush a patient to the hospital. However, the prosecutor can challenge your defense by claiming you were reckless. You should hire a skilled attorney to help you present this defense.
Assumption Of Risk
Sometimes, you can claim assumption of risk if the victim knowingly puts themselves in a risky situation. For example, you can be riding your motorcycle and the victim crosses the road while drunk. Your case can be dropped or reduced if your attorney convinces the judge.
Comparative or Contributory Negligence
Comparative negligence is one of the most common defenses to motor accidents. You can argue that you and the victim were entirely or partly at fault for their injuries. For example, the victim can be walking on the road, instead of a footpath, and you knock them down. If the court establishes that it is true, you will compensate the victim, but the compensation will be less than their degree of negligence.
The Victim Had Pre-Existing Injuries
You can assert that the injured victim is not entitled to compensation because he/she had pre-existing injuries and that the accident did not cause any new injury. This defense can be admissible in court if the victim’s symptoms were the same before and after the accident.
The Victim Failed To See The Doctor
You can argue that the victim contributed to the severity of their injuries by failing to mitigate them with professional care. The court can drop or reduce your charges if it establishes that the victim was unable to see the doctor or follow the right treatment plan. Your charges can be dismissed because the victim contributed to the worsening of their injuries by ignoring medical advice.
The Victim Did Not Observe The Statute Of Limitations
The statute of limitations is the legal time limit on a personal injury claim. A person who suffers injuries in a motor accident has two years to file a lawsuit in court. In a related personal injury lawsuit, the court may dismiss the case if the victim files after the two-year statute of limitations. You can use the expired statute of limitations to defend against liability for the victim’s injuries. However, the judge can only drop your charges if you prove that the victim filed the case outside the statute of limitations. You should seek the services of an experienced attorney for this defense to go through.
Whether Ignoring A Ticket Is A Violation Of Vehicle Code 27803
You will not face charges under Vehicle Code 27803 for ignoring a ticket. The following is the meaning of ignoring a ticket:
- Violating Vehicle Code 40508 VC by failing to appear in court on a traffic citation, and
- Facing penalties for violating Vehicle Code 40508
Violating Vehicle Code 40508 VC
You must sign a written commitment to attend court upon receiving a traffic ticket. The court can convict you under Vehicle Code 40508 if you fail to appear as promised. You intentionally fail to show up in court when you are a no-show. Even if you did not intend to violate the law, you cannot state this as a defense.
It also does not matter whether you are innocent or guilty of the traffic citation you face. You will violate Vehicle Code 40508 by failing to honor your promise to:
- Show up in court
- Show up to post bail
- Pay bail according to the payment plan
- Pay the fine within the agreed period
- Adhere to any condition of the court
You could face misdemeanor charges for violating Vehicle Code 40508. Misdemeanor charges can attract the following penalties:
- A fine that does not exceed $1000
- A jail term that does not exceed six months
Whether You Must Enroll In A Traffic School For Operating A Motorcycle Without A Helmet
The court will not require traffic school for a helmet law violation, though you may attend voluntarily. However, the benefits might not be worth the cost and time. The court can still order you to pay a fine even if you decide to enroll in a traffic school. The advantage of attending a traffic school is that it removes any points from your driving record. You will not have this advantage because you do not receive points on your record for violating Vehicle Code 27803.
You can opt to enroll in a traffic school if:
- The ticket is for an infraction that is a moving violation
- The crime happened when you were driving a noncommercial vehicle
- You have a valid driver’s license
Whether You Can Face Misdemeanor Charges For Operating A Motorcycle Without A Helmet
You will not face misdemeanor criminal charges for operating a motorcycle without a helmet because riding a motorcycle without a helmet is not an offense. Riding a motorcycle without a helmet is often charged as an infraction. An infraction does not attract a jail term or any other criminal penalties. Instead, you could get a ticket, and the court can order you to pay a fine.
Whether You Can Recover Damages In A Motorcycle Accident If You Were Not Wearing A Helmet
California is among the states that have a universal helmet law for motorcycle riders. According to VC 27803, all motorcyclists and passengers must wear a helmet while riding. Even with the mandatory motorcycle helmet law, not every motorcyclist obeys this law. Your ability to recover compensation will be affected if you are injured in a motorcycle accident and are not wearing a helmet.
California has a fault-based law for awarding compensation in a motor accident. A person who causes an accident is responsible for damages arising from the accident. If another motorist caused your motorcycle crash, the motorist should compensate you. The motorist will be responsible for emotional damages, physical damages, and financial losses associated with the motorcycle accident.
Comparative Fault In A Motorcycle Accident Without A Helmet
The law of comparative fault applies to motorcycle crashes. You can still pursue compensation even if you are partially responsible for your injuries. However, the compensation you will receive will be proportionate to the level of fault assigned to the negligent motorist. Your compensation will also be reduced by your degree of fault.
The law of comparative fault is applicable in cases where you were not wearing a helmet at the time of the crash. For example, you can be involved in an accident with a distracted motorist and suffer severe injuries because you were not wearing a helmet. This will substantially impact your compensation if the court establishes that you and the driver are 50% liable. If you were to receive $100,000 compensation, you would only qualify for $50,000 from the driver because of your share of the fault. The reduction reflects the idea that your failure to wear a helmet contributed to the severity of your injuries.
An Injured Party Suing You For Operating A Motorcycle Without A Helmet
You can get involved in an accident and injure someone else if you operate a motorcycle without a helmet. The court will convict you of negligence if the injured person files a case against you later. Negligence means failure to use reasonable care to prevent injury to oneself or others. You will be ordered to pay for any damages caused if the court establishes that you were negligent.
Sometimes, proving negligence in a personal injury case can be hard, but you will be considered “negligent per se” for violating helmet laws. Negligence “per se” is a legal concept in which negligence is presumed based on a violation of the law. You will be negligent per se if you ride a motorcycle without a helmet, violating Vehicle Code 27803.
Whether Failing To Wear A Motorcycle Helmet Factors Into Liability For The Accident
Failing to wear a motorcycle helmet cannot be a factor in establishing fault for the cause of the motorcycle accident. However, it can affect your compensation for a motorcycle crash in which you were not responsible. Failure to wear a helmet will impact your compensation, especially if you sustained facial or head injuries during the accident. The insurance company can claim that you would not have suffered severe injuries if you had worn a helmet. You have a duty to mitigate your damages whenever possible. Failing to wear a helmet as the law requires will be a factor in your claim. You should consult a motorcycle accident attorney for guidance. An attorney can argue that your injuries, including facial or head injuries, would not have occurred had it not been for the negligence of the motorist.
Find a Skilled Motorcycle Accident Attorney Near Me
Under the California Vehicle Code 27803, motorcycle drivers and their passengers must wear helmets. If you operate a motorcycle without a helmet, you can face a fine and a ticket, but you will not be assigned DMV points. Operating a motorcycle without a helmet can attract a fine of $197. You do not have to admit fault when the police arrest you for operating a motorcycle without a helmet. You can raise a defense with the help of an attorney to fight against your charges.
Contact the Los Angeles Car Accident Attorney if you are accused of operating a motorcycle without a helmet. Our attorneys can help you navigate and mitigate the outcome of your case. Call us at 424-237-3600 to speak to one of our attorneys.
