How Wearing a Motorcycle Helmet Impacts Your Personal Injury Case

How Wearing a Motorcycle Helmet Impacts Your Personal Injury Case

California Vehicle Code Section 27803 requires all drivers and passengers of a motorcycle to wear a helmet with chin straps that fits securely on the person’s head. This law took place in California at the beginning of 1992 and according to The Insurance Institute for Highway Safety, 83 percent of motorcyclists in states with a universal helmet law such as California wear a federally compliant helmet while riding a motorcycle. Following the law is a good reason for wearing a helmet, but here are a few other reasons to consider the importance of wearing a helmet.

Helmets Protect You From Traumatic Brain Injuries 

Brain injuries are common across all severe traffic crashes, but particularly in motorcycle crashes. Motorcycles do not have the same protections of an enclosed car and they are also less stable on two wheels. One of the only protections a motorcyclist has when it comes to facial injuries, traumatic brain injuries, and death is a federally compliant, properly fitted motorcycle helmet. Even with a helmet, a motorcyclist can experience head and neck injuries or other equally severe injuries lower in the body.

Your Personal Injury Case

If you are involved in a motorcycle crash caused by another driver, and the injuries you sustain are below the neck, your personal injury case will not be affected by whether or not you were wearing a helmet. However, if you sustain any head or neck injury during a crash and you were failing to abide by California’s helmet law, it could affect the amount of compensation you receive in your personal injury case. That is because of a legal concept called comparative negligence or comparative fault. This is the idea that liability can be shared among two parties for a personal injury case. By not wearing a helmet, you become partially liable for your own injuries.

Insurance companies are ruthless and will always aim to pay out less in an insurance claim. If they know you were not wearing a helmet they will try to place the blame back on you, even though you did not cause the crash. It is significantly harder for an attorney to prove that you would have sustained similar injuries even if you had the protection from a helmet but that is what a judge will require if the case goes to court.


Compensation is critical because it will help you pay for medical bills, future medical expenses, lost wages, and much more. If you or your passenger experience head trauma from a motorcycle crash, the medical bills and time away from work could be extensive. Wearing a helmet will increase your likelihood of getting compensated appropriately according to the damages.

Contact the San Jose Attorneys at Solution Now Law Firm

If you or a loved one has been involved in a motorcycle crash in the San Jose area, contact the skilled San Jose motorcycle accident attorneys at the Solution Now Law Firm. We will fight the insurance company who tries to place blame back on you for the crash and work hard on your behalf to get you the compensation you deserve. Contact our offices to schedule a free consultation today.


Solution Now Law Firm

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