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Many motorcycle riders love the feeling of the wind rushing by as they ride. But what if you are not wearing a helmet and get into a crash? Can you still sue for a head injury? In California, the law usually requires you to wear a helmet on a motorcycle. Not wearing one can affect your ability to recover compensation if you are injured.
Below, we will explore how helmet laws work, what “comparative negligence” means, and why you should still speak with a California motorcycle accident lawyer even if you were not wearing a helmet at the time of the accident.
Why Does California Require Motorcycle Helmets?
California Vehicle Code § 27803 says that all motorcyclists—and their passengers—must wear helmets that meet safety standards. Why? Because helmets save lives. They reduce the risk of severe head and brain injuries when an accident happens. Courts often note that not wearing a helmet can make head injuries worse (see Department of California Highway Patrol v. Superior Court, 158 Cal. App. 4th 726, and Hughey v. Department of Motor Vehicles, 235 Cal. App. 3d 752).
If you ride without a helmet, you can get a ticket from law enforcement. But even more importantly, if you are hurt in a crash, not wearing a helmet can affect how much money you may receive for your injuries.
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Does Not Wearing a Helmet Mean You Cannot Sue?
No, not at all. You can still file a lawsuit if another person’s negligence caused your crash. For example, if a driver ran a red light or turned left in front of you, they could be at fault. You have the right to seek compensation (money) for your medical bills, lost income, and pain and suffering. However, the fact that you were not wearing a helmet will likely come up as an important detail.
What Is Comparative Negligence?
California uses a system called comparative negligence. This means each person’s fault can be split by percentage. If you are partly at fault for your injuries, your award (the money you get) might be reduced by that amount. So, if you are found to be 30% at fault, you only get 70% of your total damages.
If you were not wearing a helmet, a defense attorney might say, “Yes, the crash was our driver’s fault, but your head injury would have been less severe if you had worn a helmet.” A judge or jury could agree. So even if the other driver is mostly to blame, your own choices (riding without a helmet) might lower your share of compensation.
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When Might the Helmet Issue Reduce Damages?
Comparative negligence focuses on whether your own action (or inaction) contributed to your injuries. If a helmet had protected your head, a jury might say the injury was worse because you did not wear one. But remember, if the crash is entirely the other driver’s fault, you can still claim damages. It is just that the settlement or verdict might be smaller to reflect that part of your injury (specifically, the head injury) was made worse by not wearing a helmet.
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Can You Sue if the Crash Was Not Your Fault?
Absolutely. Even if you broke the helmet law, you could still sue the driver who caused the accident. The court will look at all the facts: who caused the crash, how severe your injuries are, and how much of those injuries might be due to the lack of a helmet. You might see your award reduced, but you should not automatically assume you have no case. Talk to our California car accident lawyers to find out more.
What Matters in California Motorcycle Accident Cases
- Helmet Law: California law demands helmets for motorcycle riders and passengers.
- Cause of Accident: Did another driver or party cause the crash by negligence?
- Comparative Negligence: Your award can be reduced if you share fault.
- Helmet Role: Not wearing one might raise your percentage of fault for the head injury.
- Legal Action: You can still sue, but expect the defense to bring up your helmet use.
What If You Have Other Injuries Beyond the Head Injury?
Many motorcycle accidents lead to broken arms and legs, road rash, or other bodily harm. If you are not wearing a helmet, that usually only affects head-related injuries. So, your compensation for other harm (like broken bones or road rash) might not be as impacted by the helmet question. Each case is different, so it is best to talk to a lawyer who can sort out which injuries are linked to not wearing a helmet and which are not.
How Do You Prove the Accident Was the Other Driver’s Fault?
Our attorneys might gather:
- Police Reports: These often detail who officers think caused the crash.
- Witness Statements: Did anyone see the driver run a red light or ignore a stop sign?
- Photos or Videos: Footage of the intersection or the road conditions might show the driver’s mistake.
- Accident Reconstruction: Experts can determine speeds, distances, and reaction times.
Even if you were helmetless, you can use this evidence to show the collision occurred because of the other driver’s negligence.
Could You Get a Ticket for Riding Without a Helmet in California?
Yes. In California, not wearing a helmet is against the law (except in very rare circumstances). You can face fines, and multiple offenses might lead to bigger penalties. However, that traffic ticket does not stop you from suing for injuries if the crash was someone else’s fault. It just becomes part of the overall story, potentially lowering how much you can get in a lawsuit.
Why Do Insurance Companies Care About Helmet Use?
If the at-fault driver’s insurance company is paying, they want to pay you as little as possible. They will likely bring up your helmet use to argue your head injuries are your fault. They might say, “Yes, our driver crashed into you, but you made the head injury worse by not wearing a helmet.”
This is where our lawyers can help push back, showing that the crash itself was the main factor and that any rider would have been injured regardless. Or that the injuries were not just limited to your head.
How a California Car Accident Lawyer Can Help
If you suffered a head injury in a motorcycle accident—and you were not wearing a helmet—you still deserve a fair chance at compensation. Our job at Banafshe Law Firm is to:
- Investigate the accident and figure out who is to blame.
- Gather evidence to show your injuries are the fault of another driver or party.
- Work with doctors to see how a helmet might or might not have changed your injuries.
- Negotiate with insurance companies that try to reduce your payout because of helmet use.
- Fight in court if you cannot get a fair settlement.
We believe that people deserve help, even if they make a mistake, like not wearing a helmet. The law does not say you lose all rights by failing to wear a helmet—it just may reduce your compensation. A good lawyer can argue for your best outcome.
Injured? Let Our California Motorcycle Accident Attorneys Help You Today
Motorcycle accidents can be life-changing, and head injuries are especially serious. Even if you were not wearing a helmet, you can often pursue a claim for your losses. Banafshe Law Firm proudly serves all of California and Hablamos Español. We are available 24/7 at 855-761-8722, or you can contact us online for a FREE CONSULTATION.
No fees unless we win—which means we do not get paid unless you recover compensation. So, you have nothing to lose by calling. Injuries unravel your life—we piece it back together. Let our team fight for you so you can focus on healing and moving forward.
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