A motorcycle presents several risks that are not present in other vehicles. Due to its limited safety features and inability to absorb the impact of a crash, the resulting injuries, especially those to the head, can be life-altering.
Motorcycle helmets can shield your brain from the impact of a collision with another vehicle or the ground. However, they cannot eliminate the potential for injury, especially if a negligent driver strikes you. If you were hurt while complying with San Jose motorcycle helmet laws, you could have a case for compensation. Contact Valero Law Group to learn more about your options.
What Are the Motorcycle Helmet Laws in California?
While San Jose does not have its own motorcycle helmet rules, the state has various safety regulations that riders must comply with. One of those requirements is that every rider or passenger, regardless of their age or experience, must always wear a helmet. While some states only extend this requirement to juveniles, that is not the case in California. A motorcyclist can face penalties, including costly monetary fines, if they or their passenger fails to wear a helmet.
Understanding the Department of Transportation’s (DOT) Requirements
California does not set its standards for acceptable helmets and protective gear. It relies on the federal government’s rules and approval system.
The federal government has certain requirements helmets must meet to be marketed to the public. First, they must have a hard shell that weighs roughly three pounds and a one-inch-thick polystyrene foam interior lining to absorb impacts. The helmet should also have permanently attached chin straps. Under the requirements, San Jose motorcycle headgear must not have any protrusions more than two-tenths of an inch from the exterior. The purpose of this rule is to keep riders from attaching spikes or other dangerous projections to their helmets.
Helmets and Motorcycle Accident Liability
Failing to wear a helmet while riding can lead to serious consequences. When a San Jose rider is injured in a crash, any noncompliance with motorcycle helmet regulations can directly impact a personal injury lawsuit’s outcome. A crash victim can contact the Valero Law Group to learn about their rights and what compensation they may be entitled to.
California has adopted a legal standard known as pure comparative fault. Under this system, plaintiffs can pursue injury claims even when they are partially at fault. However, any recovery will be reduced by the plaintiff’s degree of fault.
For instance, a court can determine that a rider was partially responsible for their injuries by not wearing a helmet, because the resulting injuries and cost of treating them could have been reduced had they worn a helmet as required.
However, wearing a helmet does not automatically absolve a motorcyclist. Even if they take every safety precaution, they can have their compensation reduced if they were partially at fault due to reckless driving or speeding.
Contact a San Jose Attorney About Motorcycle Headgear Regulations
If you have questions about San Jose motorcycle helmet laws, contact the Valero Law Group now. An attorney from the firm can advise you on the factors that may impact your case.
Let us help you fight for the compensation you deserve. Call to schedule a private consultation in which you can discuss your claim.
