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When riding a motorcycle, wearing a helmet is the principle way to reduce crash related head injuries. It is hard to believe that anyone would willingly ride a motorcycle without a helmet. Since passing its universal helmet law, California has seen a 53% decrease in the number of motorcyclists hospitalized with brain injuries. However, despite the obvious benefits associated with wearing a helmet, motorcyclists in California continue to rebel against the helmet law.  

            In Department of California Highway Patrol vs. Superior Court, a motorcyclist accumulated nine helmet law citations for failure to comply with the California statute. 158 Cal. App. 4th 726, 741 (2008). During eight of these occasions, the motorcyclist was cited for wearing something that bore a DOT (Department of Transportation) symbol of compliance, but was a baseball cap made of soft fabric. Id. at 741. On another occasion, the motorcyclist wore nothing to protect his head. Id.

            In general, a motorcyclist is not expected to know whether or not a particular helmet complies with the technicalities of the federal statute as adopted by California. Id. at 743. However, a reasonable person is expected to know that a baseball cap with a DOT symbol does not serve the intent of the legislature to reduce deaths and injuries to motorcyclists resulting from head impacts. Id.

            While many people will acknowledge the reality that a baseball cap does not provide adequate protection, there are many motorcyclists who continue to wear helmets that are non-DOT approved. Although these ‘novelty’ helmets are more stylish and less bulky, they offer, at best, a false sense of security when it comes to preventing a crash related head injury.  

Unfortunately, the number of motorcycle related deaths are still on the rise. According to the U.S. Department of Transportation statistics, the number of motorcycle accident fatalities has more than doubled between 1997 and 2006. Motorcycle accident lawyer Jeff Roberts understands that in the event of an accident, people who ride motorcycles are more vulnerable to serious injury or death than other motorists.