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Myth vs reality

Does California helmet law affect a claim?

Vehicle Code section 27803 requires the rider and the passenger to wear a helmet that meets federal motor-vehicle safety standards. Riding without one is a violation. It is also, in a civil case, a damages argument the defense will make about head injury.

What it does not do

It does not erase a driver’s left turn. Comparative fault can include helmet non-use where the injury is one a helmet would have changed. It is a poor argument against a broken leg. A compliant helmet that did its job is evidence too — keep it.

This is general California information, not advice on a citation or a claim.

Written for riders in California as general information from the Bike911 practice of A.G. Assanti & Associates, P.C. It is not advice about your facts, and it is not a substitute for counsel. Deadlines can be shorter than you think.

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