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.
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.
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.
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.
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:
When you need a San Francisco motorcycle accident, you can contact us for a free consultation of your case by clicking here or calling us at (415) 432-7290 or (877) 702-7800.
