Does California Have a Helmet Law?

California is one of 19 states with a universal motorcycle helmet law. That means all riders and passengers must wear helmets when riding a motorcycle in the state. This differs from the 28 states that have partial motorcycle helmet laws based on age or rider experience and the three states that have no motorcycle helmet laws.

Wearing a helmet can protect you from sustaining serious or fatal injuries in an accident. And failing to wear a helmet could lead to fines. As a Californian motorcycle rider, it’s in your best interest to always wear a helmet.

History of Helmet Laws

According to the LA Times, California’s first motorcycle helmet law was proposed in the 1960s. However, several groups, including motorcycle clubs operating in the state like the Hells Angels, pushed back at the time.

This led to the state not having a universal helmet law until about 30 years later, when Governor Pete Wilson signed the current law in 1991. This law went into effect on January 1, 1992, and is still in place today.

The California Department of Motor Vehicles’ data shows that most motorcycle collisions occur when the rider is traveling under 30 miles per hour. At these speeds, it found that a Department of Transportation (DOT)-compliant motorcycle helmet can reduce the number and severity of head injuries by 50 percent.

Additionally, the National Safety Council (NSC) estimates motorcycle helmets are between 37 and 41 percent effective at preventing fatal injuries during a crash. This means that if 100 riders were in fatal accidents without helmets, between 37 and 41 of them would have survived if all 100 had been wearing proper head protection.

Statistics like these demonstrate the necessity for California’s universal motorcycle helmet law. This law not only prevents fatalities but also severe head injuries that can leave victims with permanent cognitive and physical impairment.

California’s Helmet Law for Motorcycles

Does California have a helmet law? Yes. The state’s helmet law for motorcycles can be found in Vehicle Code Section 27803. Under this law, it is illegal to operate a motorcycle if either the driver or a passenger isn’t wearing a proper helmet. It is illegal to ride a motorcycle as a passenger if either the rider or the passenger isn’t wearing a proper helmet.

Both the motorcycle rider and passenger could face penalties if either of them isn’t wearing a DOT-compliant safety helmet.

Penalty for Not Wearing a Helmet

Failing to wear a helmet in California may result in a ticket for a Vehicle Code infraction under the California helmet law for motorcycles. Infractions are less severe than misdemeanors and do not include jail time as part of their potential penalties.

However, just because you won’t face a jail sentence for not wearing a motorcycle helmet, that doesn’t mean the penalty is light. The fines you could face typically range between $100 and $250, and failing to pay them may lead to further financial penalties.

Subsequent helmet law violations may result in increased fines or mandatory community service.

Additionally, if you get into an accident and sustain a head injury while not wearing a helmet, the other party’s insurance company will likely point to your lack of a helmet as evidence that you contributed to your injury, which could reduce your compensation.

Need Assistance with a California Motorcycle Accident?

If you were injured in a motorcycle accident in San Diego, California, caused by someone else, contact Law Tigers for a free consultation about your case. Our highly qualified motorcycle accident lawyers will explain your options for seeking compensation and walk you through the insurance claims process.