California law requires all motorcycle riders and passengers to wear a helmet, but what happens if you are injured in an accident without one? Can you still file a lawsuit and recover compensation? The short answer is yes, but your case may be affected by California’s comparative negligence laws.
Here is what you need to know about pursuing a motorcycle accident claim in California if you were not wearing a helmet.
California’s Motorcycle Helmet Law
Under California Vehicle Code § 27803, all motorcycle riders and passengers must wear a U.S. Department of Transportation (DOT)-approved helmet. Failing to do so can result in a traffic citation, but more importantly, it can impact your injury claim if you are involved in an accident.
Can You Still Sue for a Motorcycle Accident Without a Helmet?
Yes, you can still sue for a motorcycle accident in California even if you were not wearing a helmet. However, your ability to recover full compensation may be affected by California’s comparative negligence rule.
How Comparative Negligence Affects Your Claim
California follows a pure comparative negligence system, which means that if you are partially at fault for your injuries, your compensation may be reduced by your percentage of fault.
If your injuries were not related to your lack of a helmet—such as a broken leg or spinal injury—the fact that you were not wearing one should not impact your claim. However, if you suffered a head or facial injury, the insurance company may argue that wearing a helmet could have reduced the severity of your injuries.
For example:
- If a jury determines that your failure to wear a helmet contributed 30% to your injuries, your compensation would be reduced by 30%.
- If you were awarded $100,000 in damages, you would receive $70,000 after the reduction.
This rule applies even if the other driver was mostly at fault for the accident.
What Damages Can You Recover?
Even if you were not wearing a helmet, you may still be able to recover compensation for:
- Medical expenses (hospital bills, surgeries, physical therapy)
- Lost wages (time missed from work due to injuries)
- Pain and suffering (emotional distress, reduced quality of life)
- Property damage (repairs or replacement of your motorcycle)
If your injuries were caused by another driver’s negligence, you have the right to seek compensation. An attorney can help fight back against insurance companies that try to shift more blame onto you.
Get Legal Help After a Motorcycle Accident in California
Not wearing a helmet does not automatically prevent you from suing for a motorcycle accident in California. However, it can affect how much compensation you receive. If you were injured in a motorcycle crash, we can help you navigate the legal process and fight for the compensation you deserve.
Call us today for a free consultation to discuss your case. We do not charge any fees unless we win your case.
