Stockton Motorcycle Helmet Laws

California is one of 17 states in the United States that require helmet use for all motorcyclists. The state’s strict position regarding helmets reflects its commitment to reducing motorcycle injuries, as accidents that involve motorcycles are more likely to cause serious injuries or even death.

If you have questions about Stockton motorcycle helmet laws, our attorneys can help. Contact us to ensure you are in compliance with state requirements before your next ride.

Helmet Requirements

According to the California Vehicle Code § 27803, all motorcycle drivers and passengers, including those in Stockton, must wear a safety helmet that is compliant with the U.S. Department of Transportation (DOT) when operating their vehicles. To satisfy this requirement, the helmet’s manufacturer must certify that it complies with the U.S. DOT Federal Motor Vehicle Safety Standard (FMVSS) 218. Riders who wear a well-fitting helmet that meets the FMVSS standard significantly reduce their risk of serious injuries in the event of an accident, especially head injuries.

To meet the FMVSS standard, helmets must undergo rigorous testing and meet several very specific criteria. The first requirement is that the helmet must have a durable outer shell made of a material such as fiberglass or another resin/fiber composite. On the inside, there should be a liner made of polystyrene foam at least three-quarters of an inch thick and a second liner for additional comfort. Helmets must also include a chin protector, a chin strap, and a face shield that can open and close, allowing the motorcyclist to protect their eyes without obstructing their vision.

Helmets that meet the appropriate standard should weigh around three pounds. Motorcyclists can decorate their helmets with stickers and other design features, but nothing should stick out more than two-tenths of an inch from the helmet’s surface. This avoids snags in the event of a crash. Helmets should also display a DOT sticker on the back to certify their compliance with FMVSS 218 and a label with the size, model, materials, manufacture date, manufacturer’s name, and owner information.

What are the Penalties for Violating Motorcycle Helmet Laws?

The penalties for failing to respect helmet laws can go beyond a simple ticket. Failing to wear a helmet is categorized as a moving violation, which can result in probation time and a fine. If the motorcyclist violates other traffic laws at the same time, they may even be charged with reckless driving.

Furthermore, if a motorcyclist is involved in an accident and was not wearing a helmet, this can affect their ability to recover damages in a civil lawsuit, even if they were not at fault for the accident. This is because California follows a pure comparative negligence standard when determining how damages should be paid. Under this standard, an injured party can still recover damages even if they were partly at fault for the accident; however, the percentage of their contribution toward causing the accident will be deducted from the amount they receive.

For example, consider a situation where a motorcyclist is in an accident caused by another driver and suffers a head injury. The court finds that the Stockton motorcyclist can receive $20,000 in damages because of the injury, but also finds that they are 40% at fault for the head injury because they were not wearing a helmet as required by law. Instead of recovering $20,000, the motorcyclist will only recover $12,000. Reach out to our team for more information on damages and fault.

Contact an Attorney for Help With Motorcycle Helmet Requirements in Stockton

Motorcycle accidents are already dangerous, but the risk of severe injuries significantly increases without a helmet. Given the limited protection motorcyclists have, not wearing a helmet in an accident will likely lead to worse outcomes. In addition, failing to wear a helmet can cause you legal problems and cost you money.

If you have questions about Stockton motorcycle helmet laws, reach out to a member of our team. Our dedicated motorcycle accident lawyers can help you understand how to comply with the law and assist you with any problems you may have.