Some states allow adult bikers to choose whether to wear a helmet. However, Georgia is not one of those states. Georgia Code Ann. § 40-6-315 requires bikers to wear helmets and protective eye gear unless their motorcycle has a windshield. Additionally, all passengers need to wear helmets and protective eyewear, too.
Failure to wear these items is a violation of the law that may result in a biker or passenger getting a ticket and could also impact a finding of fault in a motorcycle accident. When you are injured in a motorcycle accident because you or a passenger did not wear a helmet, it is crucial to seek help from a practiced lawyer to understand your legal options. A diligent motorcycle accident attorney from Smith Hulsey Law could help you understand how Gainesville motorcycle helmet laws may impact your case.
Because the law aims to protect people from injuries, failure to wear helmets may be seen as negligence. While Georgia requires helmets, the laws surrounding wearing them may be complicated to understand, and a knowledgeable lawyer could explain the relevant regulations as they relate to an individual case. For instance, the law authorizes the commissioner of public safety to approve or disapprove of helmets or eyewear, but failure to do so does not mean the law is still valid.
From a practical perspective, a biker can use the details in Federal Motor Vehicle Safety Standards and Regulations 218, 49 C.F.R. § 571.218, to understand the particular technical safety requirements for helmets. However, motorists can also rely on helmet certification stickers to understand if they comply with these rules. Under Gainesville laws, the failure to wear a helmet while on a motorcycle is a misdemeanor and is punishable with a fine of up to $1000. However, for first offenders, the fine will be much smaller. The law’s real impact is how it can affect recovery after an accident.
Wearing a helmet can reduce the risk of head injury by nearly 70 percent. They can also reduce the risk of death by almost half. Even if someone sustains a head injury, a helmet can reduce the severity of it. Therefore, in a motorcycle accident, understanding whether someone wore a helmet becomes relevant to establishing fault. However, it is crucial to note that if a biker was not wearing a helmet, it does not mean they were responsible for the accident. A well-versed attorney from Smith Hulsey Law could examine a case’s facts to understand who is at fault in an accident.
Georgia is a modified comparative negligence state. Under Georgia Code Ann. § 51-12-33, a person can recover from other parties even if they were negligent. However, they cannot have more than 50 percent of the responsibility for the injury. The court will reduce the damage award to reflect the person’s negligence. In a motorcycle accident, a biker will likely sustain injuries whether or not they are wearing a helmet. Violating the motorcycle helmet laws should not prevent a Gainesville biker from collecting compensation for an injury.
Motorcycle accidents can be physically, emotionally, and financially devastating. When you are unsure whether you are entitled to financial recovery because you were not wearing a helmet, contact a diligent legal professional at Smith Hulsey Law. We could research the facts of the case and advise you how Gainesville motorcycle helmet laws will impact your claim.
Contact our law firm to speak with an experienced lawyer. We would be happy to schedule a consultation so you can understand how to proceed with a case.
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