Wearing a helmet provides obvious safety benefits, but some motorcyclists refuse to strap one on. At Griffin Law Firm, we understand that wearing a helmet is uncomfortable for many motorcyclists. Nonetheless, the Georgia helmet law requires that all riders in the state wear a helmet whenever they are out on a bike. Failure to do so can lead to more serious injuries and possibly less compensation for motorcycle accidents. Contact our office to speak with a Snellville motorcycle accident lawyer today.
Does Georgia Have a Motorcycle Helmet Law?
Yes. The law is found at O.C.G.A. § 40-6-315. It states that no one shall operate or ride a motorcycle unless they are wearing protective head gear which complies with state standards.
The law also requires wearing protective eyewear unless the motorcycle has a windshield. The eyewear must be of a type approved by the state.
This law applies to anyone riding on the motorcycle, including a passenger. Furthermore, there is no age restriction. Some states only require helmets for underage motorcyclists, but Georgia has adopted a universal helmet law. There are criminal penalties for anyone who refuses to wear while out riding.
What Helmet Satisfies the Georgia Helmet Law?
The Commissioner of Public Safety sets the standards for helmets. Instead of publishing a list of pre-approved helmets, the Commissioner has said all helmets approved by the U.S. Department of Transportation (DOT) meet the state standard.
When shopping for a helmet, check that it has a label stating “DOT, FMVSS No. 218 CERTIFIED.” That means you are wearing a helmet which satisfies the Georgia motorcycle helmet law.
If you are buying a used helmet, make sure it has no visible defects such as cracks or frayed straps. The padding also shouldn’t be coming out of the helmet. You will not reap the full safety benefits of wearing a helmet if yours is defective in some way.
Helmets Reduce Deaths and Serious Injuries
The science behind Georgia’s universal helmet law is settled: helmets reduce the risks of serious head injuries and fatalities.
For example, helmets reduce the risk of death by 37% for motorcyclists and lower the risk of serious head injuries by 69%. The easiest way to reduce the risk of serious injury is to put on a helmet.
Furthermore, helmets do not unduly restrict a rider’s vision. A motorcyclist can simply turn their head more to see the vehicles around them. Helmets also do not impair hearing, so a rider can still hear a vehicle approaching.
Griffin Law Firm encourages everyone to wear a helmet to comply with the law and reduce the fallout from motorcycle accidents. There are also sound legal reasons for strapping on a helmet, especially if you hope to receive full compensation for your injuries.
How Failing to Wear a Helmet Can Hurt Your Case
Our clients injured in motorcycle accidents usually seek compensation from the motorist responsible for the wreck. Our clients suffer terrible injuries when a negligent or reckless driver cuts them off or plows directly into them.
Unfortunately, failing to wear a helmet could end up lowering your compensation. An insurance company might find that you are partially to blame for your head injuries because you did not strap on a safety helmet as required by law. That means the insurer could possibly offer much less in compensation by arguing your own actions are the reason you have suffered a serious head or brain injury.
Suppose you suffered a moderate concussion in a motorcycle accident. Your medical bills are more than $50,000, and you are in incredible pain. Your lawyer estimates your case is worth $150,000. But because you did not wear a helmet, the insurance company might only offer $100,000 in compensation. That’s a direct consequence of not following the law.
Wearing a used or defective helmet could also negatively impact your case. The insurance company could claim you should have known to purchase a newer helmet to obtain the maximum safety benefits. This is one reason why insurance companies often want to see the helmet you were wearing the day of the accident. They are looking to see if you put on a helmet that was too small or had defects.
Can You Receive Compensation if You Did Not Wear a Helmet?
Possibly. For one thing, you can still receive compensation for motorcycle damage and any injuries unrelated to whether you wore a helmet. As an example, you could have suffered a broken leg and fractured ribs in a crash. Wearing a helmet would not have protected a motorcyclist against those injuries, so you can receive damages for them.
Failing to wear a helmet usually only impacts cases based on head or brain injuries. You might receive less compensation because you could have minimized the injury had you followed the law.
Reach out to an attorney to discuss your case. There are many variables involved with calculating the value of a motorcycle accident case, including the defendant’s resources. We want to understand what happened so we can reduce any liability charged to our clients.
How Griffin Law Can Help
We can assist any motorcyclist hurt in a crash. If you were wearing a helmet, we can help document that fact for the insurance companies. And if you did not wear a helmet, we will try to minimize the consequences.
A negligent or distracted driver should not get out of having to pay compensation because you didn’t wear a helmet, or you wore one that was too big. They still failed to drive with reasonable care, and they should have to pay compensation.
Contact Our Motorcycle Accident Attorney for a Free Consultation
Griffin Law Firm has negotiated many large settlements for injured motorcyclists over the years, and we want to share our knowledge with clients. We excel at reconstructing accidents to determine who is at fault. We also carefully review medical records when calculating the settlement value of your claim. Contact us today to discuss how Georgia helmet laws impact your case and legal rights.