San Bernardino Motorcycle Helmet Laws

San Bernardino residents often take advantage of the fair weather to ride their motorcycles. However, it is a good idea to understand the San Bernadino motorcycle helmet laws before getting on your bike. This knowledge will be helpful should an accident occur and you subsequently wish to file a civil lawsuit.

Call the Valero Law Group to have an experienced attorney explain the local helmet laws and the impact they can have on your legal claim.

Relevant Laws Regarding Motorcycle Helmets

San Bernardino laws regarding motorcycle helmets derive from state laws. According to CVC § 27803, all riders and passengers must wear a safety helmet when on a motorcycle, motorized bike, or motor-driven cycle. The safety helmet must fit properly and conform to the federal standards outlined in Federal Motor Vehicle Safety Standard No. 218 (49 C.F.R. § 571.218). Every helmet worn by a motorcycle rider or passenger must contain a certification label stating that it complies with the federal motor vehicle safety standards.

Other forms of protection are not necessary but can safeguard the rider. Face shields protect a biker’s eyes and face from wind and flying debris; if there is an accident, the shield operates as a buffer between the rider’s face and the ground. Appropriate clothing, such as long pants, jackets, and boots, can also protect bikers from experiencing road rash if they crash.

Wearing a helmet can prevent some head injuries, but they cannot prevent all serious harm. Motorcycle accidents frequently leave riders and passengers with devastating injuries that can severely affect their lives. Call a dedicated local lawyer from our firm today. We can work closely with an injured motorcycle rider to learn the full extent of their injuries and pursue a settlement or damages award that adequately compensates them for their losses.

Impact of Motorcycle Helmet Laws on a Civil Lawsuit

A helmet lowers the chances of a rider sustaining a serious head injury, which means the damages resulting from such an accident can also be less. When someone files a legal claim for damages they suffered while on a motorcycle, the court will determine if the rider or passenger was wearing a helmet as required by law. Failure to wear the appropriate protective headgear can result in a traffic ticket for the violator, but, more importantly, it can impact the injured person’s potential recovery of damages. An experienced San Bernadino lawyer can help explain all the nuances of helmet regulations.

California courts follow a pure comparative fault rule when determining fault and calculating damages in personal injury claims. A court would consider whether the lack of a helmet contributed to the injuries, which can result in reduced damages. For instance, a court can determine that a rider’s failure to wear the appropriate protective headgear caused them to suffer a more serious head injury, making them 25 percent responsible for their injuries. Consequently, the court can lower the damages award by 25 percent.

Working with a seasoned local attorney who understands shared fault rules is essential. Our skilled legal team can fight aggressively for a full and fair settlement, regardless of whether a motorcycle rider or passenger complied with state regulations. Reach out to learn more.

Consult With a San Bernardino Lawyer Who Is Familiar With Motorcycle Helmet Laws

State law requires motorcycle riders and passengers to wear helmets, which can minimize the risk of severe head injuries. However, the fact that you were not wearing a helmet and violated San Bernardino motorcycle helmet laws should not prevent you from filing and prevailing in a lawsuit against the person responsible for your accident.

Contact Valero Law Group and work with a legal team that is always available and unafraid to litigate your case.