Am I partially at fault for my motorcycle accident if I wasn’t wearing a helmet?

Frequently Asked Questions

Am I partially at fault for my motorcycle accident if I wasn’t wearing a helmet?

California is one of the states that has a universal helmet law, meaning that every motorcycle operator and passenger is required to wear an approved helmet at all times no matter their age. This law went into effect in 1992 due to the increase in fatal motorcycle accidents throughout the state.

For motorcycle accidents, California is a comparative negligence state, which means that legal liability can be assigned to any party involved based on a percentage of the whole. You may be assigned a portion of liability for your accident, but whether or not you were wearing a helmet likely won’t factor into that determination.

Even if you were not wearing a helmet at the time of the accident, you are still entitled to make a personal injury claim.

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