California Mandatory Helmet Law

BusinessLegal

  • Author Nemilou Despuez
  • Published February 2, 2010
  • Word count 483

California has one of the strictest helmet laws in the US. It mandates that all riders of motorbikes and bicycles should wear a safety helmet that fits securely on their head and should have a certification from the Department of Transportation (DOT) and passed the federal safety standards.

When compared to most states, California is stricter since it has a universal helmet law that requires all riders to wear helmets. Some states such as Iowa, New Hampshire, and Illinois do not even have a motorcycle helmet law.

HELMET LAW FOR MINORS

The helmet law is stricter for individuals under 18 years old. According to state law, these people are prohibited to ride in bicycle, non-motorized scooter, roller skates, and skateboard unless they will wear a helmet that properly and securely fits on their heads.

According to Streets and Highways Code, minors should be wearing helmets that are certified by the American Society for Testing and Materials (ASTM) or the US Consumers Product Safety Commission (CPSC). Entities which are under these federal organizations may also provide certifications.

If a minor violates this helmet law, their parents or legal guardians will be held liable for their children’s act.

LIABILITIES AND DUTIES OF HELMET MANUFACTURERS, VENDORS, AND DISTRIBUTORS

Entities that manufacture, distribute, and sell helmets to consumers should make sure that the products comply with the federal safety standards and requirements under the state law.

These entities should also provide proper labeling (or stickers) to each helmet as proof that it has passed the federal safety standards.

If a court finds that a business sells and offers helmets which do not meet the safety requirements, it will face a fine of not more than $25. The penalties will be stiffer for those who will violate the helmet law more than once.

THE BASIS OF STRICT HELMET LAW IN CALIFORNIA

The strict helmet law in the state has a scientific basis supported by numerous studies from different research groups, both government and private entities.

• A motorcyclist who is not wearing a helmet is 40 percent more likely to suffer a fatal head injury compared to a person wearing head protection.

• Head injury is the leading cause of fatality in motorcycle accidents.

• A federally-certified motorcycle helmet is 67 percent effective in preventing brain injury. This finding proves that motorcycle riders who are not wearing a head protection is three times more likely to suffer from brain injuries compared to people who are wearing a helmet.

• From 1984 to 2006, helmets saved nearly 20,000 motorcyclists. This finding prompted researches to believe that if all motorcycle riders and passengers had worn helmets, these head protections could have saved more than 12,000 additional lives.

• A universal helmet law that requires all motorcycle riders to wear a head protection has made it easier for the government to enforce a helmet law.

• A motorcycle rider is nearly 37 times more likely to die in an accident compared to a car passenger.

To help you deal with issues involved in motorcycle accidents, consult with our skilled motorcycle accident attorneys. Log on to our website and avail of our free case analysis.

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