San Francisco Motorcycle Safety Laws
Motorcycle safety laws – and specifically requiring the use of helmets – became imperative, and laws changed across the United States in the mid-1960s. At this time, states were required to start mandating helmet use law as a condition to qualify for certain safety programs and highway construction funds. Although the financial penalty from the federal government is no longer the case, states like California have universal helmet laws and motorcycle accident lawyers.
Universal helmet laws require that a helmet must be worn by everyone who is either a rider or passenger of a motorcycle and without exception. California’s universal helmet law requires that both riders and passengers on motorcycles, motor-driven cycles, or motorized bicycles must wear a safety helmet. Failure to do so is illegal and punishable by a fine of up to $250 and/or one year of probation.
The law defines wearing a safety helmet to mean wearing an approved helmet that is securely strapped on a person’s head and fits properly with little movement.
According to the National Highway Traffic Safety Administration (NHTSA), enacting a universal helmet law significantly increased helmet use and also reduced injury and fatality rates. The NHTSA reports that in the recent past, states like California with universal motorcycle helmet laws averaged a helmet use rate of about 90 percent, which is quite a contrast to those which do not have such laws or partial helmet laws that only had had use rates below 40 percent.
Even with a helmet, however, motorcyclists can still suffer serious injuries, including head injuries, in accidents. If someone else caused your crash, discuss a possible injury claim with a San Francisco, CA motorcycle accident lawyer from The Cartwright Law Firm today.
Types of Helmets Required in San Francisco
The United States Department of Transportation (DOT) regulates and sets minimum safety standards for manufacturers of motorcycles and retailers. Helmet manufacturers are required to conduct a battery of tests to make sure the helmets meet the following standard requirements:
- Impact. How well the helmet protects against collisions
- Positional stability. Ensuring the helmet will remain in place on the head at impact
- Retention system strength. Having chin straps strong enough to hold the helmet in place during impact
- Extent of protection. All-around protection of the head area
Identifying Unsafe Motorcycle Helmets
- Thickness of the Inner Liner
Helmets that meet the minimum federal safety standard have an inner liner which is usually about one inch thick of firm polystyrene foam. The inner liner may not be visible sometimes, but one should be able to feel its thickness. An unsafe helmet usually contains only soft foam padding or a plastic shell with no padding at all. - Sturdy Chin Strap and Rivets
Helmets that meet the DOT safety standard have sturdy chin straps with solid rivets. - Weight of the Helmet
Helmets meeting the federal DOT standard usually weigh about three pounds. However, depending on design, unsafe helmets usually weigh only about one pound or less. - Design/Style of the Helmet
A helmet meeting the federal standard cannot have anything to extend further than two-tenths of an inch from the surface of a helmet.
Helmets that meet the federal minimum standards should have a certification sticker, which is useful in helping one to choose the right helmet. However, DOT standards are only minimal and low compared to standards by other groups.
Are Helmets Effective?
Yes. Wearing a helmet saves lives, and this is a fact backed by scientific research, which overwhelmingly and consistently supports the fact that motorcycle helmets save lives. All vehicle accidents have the potential to be life-threatening, but even more so for motorcycle accidents, because their injuries are often more severe. This, in part, is because a motorcycle does not have safety features such as airbags which vehicles do that end up saving lives.
According to NHTSA, wearing a helmet will save a biker’s life about 37 percent of the time during a potentially deadly accident. NHTSA estimates that helmets save more than 1,600 lives each year throughout the nation, according to their latest statistics.
While in the old days wearing a helmet was scoffed at as not being a cool thing for riders, those are now antiquated notions that have long been overcome with facts and law. Wearing a helmet is not a statement of fashion or what is or is not cool, but it is about saving lives and avoiding serious injuries.
Why Wearing Helmet Matters
There is no debate as to whether wearing a helmet can help one avoid serious injury or even death, as the research is clear on that and has been for years.
However, wearing a helmet not only makes a difference in avoiding serious injury or saving lives, but it also makes a difference when it comes to compensation should an injured person seek compensation in a personal injury lawsuit.
Under California law, the at-fault driver is responsible for damages after an accident, meaning the at-fault driver must financially compensate the accident victim for their financial and other losses. However, California is also a “comparative negligence” state, meaning you may not be able to recover all your compensation due you owing to the accident because you were also at fault.
Once the person you have sued for causing the accident that resulted in your injuries is found liable, a San Francisco court or jury will assign a percentage of blame to each party in the suit, if necessary or if asked by the defendant before calculating the final amount of damages. Your award is then subject to reduction by the percentage the court or jury finds you liable for the accident and your own injuries.
For example, if you are injured in a motorcycle crash, and you were not wearing a helmet at the time the accident occurred, it is likely you will not be able to fully recover damages even if you did not cause the accident. In that case, the defendant will ask the jury to assign a percentage of blame to you for not wearing a helmet, and the full compensation you are entitled to be reduced by that percentage.
Speak with a San Francisco, CA Motorcycle Accident Attorney Today
At Cartwright Law Firm, we have attorneys who can help you obtain the maximum compensation for your injuries and losses. If you have been involved in a motorcycle accident and suffered injuries, contact us today and obtain a free case review or Call 415-433-0444.
