State laws require all motorcycle riders, including passengers, to wear a helmet approved by the Department of Transportation. Wearing a helmet protects you and can lower the risk of severe injuries in the event of a crash.
If you have questions, want more information about Duluth motorcycle helmet laws, or crashed while not wearing a helmet, our motorcycle crash attorneys at Barrios Virguez Attorneys: Accident & Injury Law can help you.
Understanding Helmet Laws
Georgia is one of the 19 states in the country with a universal helmet law. These protective headgear regulations are mandatory, regardless of the Duluth rider’s age, experience, or status. Individuals who ride without a helmet are at risk of facing penalties. Pursuant to Georgia Code § 40-6-315, all motorcyclists and passengers must wear standard-issued protective headgear approved by the state Commissioner of Public Safety. Motorcyclists must only ride a motorcycle with a windshield. Where there is no windshield, riders must wear state-approved eye goggles or face shields.
However, individuals riding motorcycles or tricycles with an enclosed cab or cart, such as a Polestar, are exempt from wearing a helmet while operating the vehicle. You can check the Department of Driver Services motorcycle operator’s manual for the approved helmet specifications, which comply with the Federal Motor Vehicle Safety Standard No. 218.
What Are the Consequences of Failing To Adhere to State Laws?
According to the statute, failure to wear a helmet while riding a motorcycle in Duluth is a misdemeanor offense and may attract fines of up to $1,000. A court can require offenders to perform community service or serve up to one year in a state prison.
Legal penalties are one aspect of the repercussions of not wearing a helmet. Other risks include sustaining serious injuries, such as concussions or traumatic brain injuries, as well as losing an injury case or receiving reduced compensation after a motorcycle accident.
Wearing a helmet reduces the likelihood of severe head injuries in motorcycle crashes. Additionally, insurance companies are more likely to assign partial liability and hold you responsible for the severity of your injuries if you were not wearing a helmet at the time of the crash.
Seeking Compensation for Injuries
Apart from protecting you, helmet law compliance helps with recovery in the event of a motorbike wreck. While a lack of compliance may not bar you from recovery, it can affect your final payout. The state practices a modified comparative fault system.
This means that as long as your degree of liability is less than 50 percent, you can receive financial remedy. However, your degree of responsibility will impact the final settlement. For example, if you file a claim for damages and the court awards a $50,000 settlement, the court will instruct that you receive $30,000 if it finds you 40 percent liable.
If you had been wearing a helmet at the time of your motorcycle accident in Duluth, the degree of fault allocated to you by law may have been significantly less.
Call a Duluth Lawyer To Learn How Motorcycle Helmet Rules Affect Your Case
If you were not wearing a helmet when you sustained injuries in a motorcycle accident, our personal injury lawyers at Barrios Virguez Attorneys: Accident & Injury Law can still help you pursue financial relief.
Failure to wear a helmet does not automatically prevent you from receiving compensation. Our English and Spanish-speaking legal team defends what matters. We can provide more insight into Duluth motorcycle helmet laws and explore viable legal options for you. Contact us today to schedule a free consultation.
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