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Do I have to wear a helmet when I ride my motorcycle in California?
This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.
Studies show that safety helmets are the single critical issue in reducing serious injuries during motorcycle accidents. However, of all people, motorcycle riders seek the freedom of the road, not the restraint of a motorcycle helmet. For that reason, many states, including California, have enacted laws requiring motorcycle helmets. In fact, in California, such helmets are required for both drivers and passengers of several types of motorized vehicles:
In California, the penalties for such infractions can be at the discretion of the arresting officer. While the officer may choose to hand out a ticket which carries a fine of $250 and up to one year probation, others may choose to allow the rider time to remedy the situation, imposing only a $10 fee. This option is often waived, however, if there is evidence of fraud or regular abuse of this statute, when there is an immediate safety hazard, or when the offender refuses to, or is unable to, present the helmet promptly.
If a motorcyclist without a helmet is injured in an accident and another driver is liable, the motorcyclist may still be charged with liability due to the lack of helmet protection. In those cases and many others, when a motorcyclist faces heavy penalties for breaking the California helmet law, they should call on a motorcycle accident attorney for the help they need.
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