Most motorcycle riders understand that helmets are incredibly important and can save lives in the event an accident occurs while riding. However, there is often confusion about what type of helmet is needed. At Choulos, Choulos & Wyle, our San Francisco motorcycle accident attorneys want to discuss what novelty helmets are, why motorcyclists should avoid them, and what you can do if you were harmed due to another person’s negligence while riding your motorcycle.
Why Choose Choulos, Choulos & Wyle To Help?
When dealing with any motorcycle accident injury, you need an attorney with extensive experience handling these cases. Choulos, Choulos & Wyle is ready to step in and help.
We purposefully limit the workload of each attorney so that every client receives the help and support they deserve.
We have a reputation for gaining compensation and have a 98% success rate in all of our cases. We have secured millions of dollars in compensation for our clients.
We take motorcycle accident cases on a contingency fee basis, which means clients face no upfront costs related to their case. If we do not win, you do not owe us anything.
Understanding Motorcycle Helmet Requirements In California
California is one of 19 states and the District of Columbia to require all motorcycle riders and passengers to wear helmets. Not only are helmets required for all riders, but the helmet must meet standards as prescribed by the Federal Motor Vehicle Safety Standard 218.
What Are Novelty Helmets?
A novelty helmet is going to be any helmet that a motorcyclist may purchase for use that does not meet minimum safety performance requirements. Any helmet that is not DOT-approved is going to be a novelty helmet and will not provide adequate protection for riders. Unfortunately, some motorcycle riders purchase these helmets due to their low cost and perceived better appearance. Many motorcyclists also believe that they can meet California’s motorcycle helmet law requirement while not actually having the “required” type of helmet.
The truth is that novelty helmets present serious risks for motorcycle riders. They provide a false sense of security. Riders who choose to wear novelty helmets instead of DOT-approved helmets are much more likely to sustain skull fractures or traumatic brain injuries.
If a motorcycle rider is wearing a novelty helmet when they are involved in an accident, they may not be able to recover full compensation for their damages, even if the other driver was mostly at fault for the incident. Under California’s comparative negligence laws, a rider who was not wearing a DOT-approved helmet at the time of a crash could be held partially responsible for their injuries.
Is There Compensation Available For These Cases?
If you or somebody you love has been injured in a motorcycle crash that was caused by another driver’s negligent actions, seek legal assistance as soon as possible. In these cases, the team at Choulos, Choulos & Wyle wants you to know that there are various types of compensation you can be entitled to. This could include:
Your medical bills related to the crash
Lost income or benefits you lose if you are unable to work
Pain and suffering damages
Loss of personal enjoyment damages
Possible punitive damages in cases of gross negligence