Riding Safe: The State Helmet Laws And You

by | Jan 5, 2016 | Law

The helmet is the most important and efficient protective gear a motorcyclist and his or her passenger can wear. Helmets have helped save millions of people by reducing head injury seriousness in the case of a traffic accident. A Science-Based Medicine website article indicates that a helmetless motorcyclist is three times more likely to sustain brain injury in an accident compared to a helmet-wearing motorcyclist, and every year thousands of cyclists die due to head injuries. Because of this danger, the law requires that motorcycle operators and passengers wear safety helmets.

The Mandatory Helmet Laws

Despite the lack of support among a few motorcyclists, Georgia has enacted strict statutes requiring the use of protective gear when riding a motorcycle. Some of these laws require the motorcycle rider and his or her passenger to wear gear like face shields or goggles, but most controversial are laws requiring the wearing of a helmet.

The mandatory helmet laws for motorcycle operators and their passengers are proven to be effective in helmet use and reduction of head injuries and fatalities. The most vocal criticism of the helmet laws challenges the legality of the laws themselves. However, the principle of having motorcyclists and their passengers wear safety helmets is consistently upheld as constitutional.

The Penalties of Not Wearing a Helmet

In the event you (the motorcyclist) bring a personal injury action against another motorist, the defendant may raise issues in regards to your negligence. Legal recovery for you may be reduced or even barred, due to your contributory negligence in causing the accident. Contributory negligence may be defined as either negligence contributing to the accident or neglect contributing to injuries sustained. Omitting only adds or increases the extent of injuries suffered by a motorcyclist, and does not in itself defeat the legal recovery efforts.

In states with mandatory helmet statutes, the laws either:
* Have criminal penalties only, or
* Do not explicitly mention the effect of a violation when the motorcyclist is negligent

GA Law states that protective headgear is required and that the Commissioner of Public Safety provides a list of approved headgear. The commissioner has provided the Specifications for Protective Headgear for Vehicular Users requiring that helmets should meet the latest version of the DOT standards for motorcycle helmets before approval as protective headgear in Georgia.

Some jurisdictions have laws that require motorcyclists wear helmets, and some courts have determined that the motorcyclist’s failure to wear a helmet is inadmissible in a rider’s personal injury lawsuit. It is critical that you discuss the facts of your case with an experienced motorcycle accident attorney who understands what helmet and evidentiary laws apply in your case. To know more about motorcycle injury visit website.

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