Under Georgia motorcycle helmet laws, both operators and passengers of all ages are required to wear U.S. Department of Transportation (DOT)-approved helmets and eye protection if the vehicle lacks a windshield.
In this article, our motorcycle accident lawyers discuss how this law works, how it may affect any claim you need to file, and how our team can help protect your right to compensation, even if you weren’t wearing a helmet at the time of your crash.
What Is in Georgia’s Helmet Law?
Per O.C.G.A. § 40-6-315, all motorcycle operators and passengers must wear approved protective headgear while riding, which includes protective eyewear. Helmets should include such features as:
- A hard, smooth outer surface
- A minimum level of shock absorbency
- No rigid projections inside the helmet, and only limited projections outside it
- Secure fastening to keep the helmet on the rider’s head during an impact
- No interference with peripheral vision, with a minimum clearance of 105 degrees to either side of the middle of the face
However, Georgia law includes exceptions. Wearing a helmet does not apply to persons riding within an enclosed cab or motorized cart, or to a person operating a three-wheeled motorcycle used only for agricultural purposes.
Additionally, motorists must wear helmets that are approved by the Georgia Commissioner of Public Safety, whose standards align with the DOT’s Federal Motor Vehicle Safety Standard No. 218. If you were wearing a baseball helmet instead of a motorcycle helmet, you would be considered in violation of the law.
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Motorcycle Helmets Protect Motorists from Harm
Motorcycle accidents frequently result in severe injuries or death. Head injuries are among some of the most common types of impairments that result from these situations.
If a motorist fails to wear a helmet and they are injured in a crash, they could suffer:
- A traumatic brain injury (TBI)
- Skull fractures
- Whiplash
- The loss of a sense, like sight
- Neck injuries
- Spinal cord damage
If a motorcyclist is ejected from their bike upon impact, they could also suffer road rash. By wearing a helmet, they can prevent road rash from scarring or disfiguring their face.
There Are Penalties for Failing to Wear a Helmet in Georgia
In addition to putting yourself at risk of suffering a serious injury, failing to wear an approved helmet could come with its own set of consequences.
If you are pulled over and ticketed by a law enforcement official, you could face a misdemeanor charge under O.C.G.A. § 40-6-1, punishable by:
- A fine of up to $1,000
- Up to 12 months in jail
- Community service, at the court’s discretion
Additionally, if you were hurt in a motorcycle crash and were not wearing a helmet at the time, you could experience complications getting the compensation you need from the other driver.
They could argue that you made your injuries worse because you were not wearing a helmet, and they should not have to pay for your injuries.
Georgia Motorcycle Accident Cases Are Subject to Contributory Negligence Laws
Determining fault for your accident may not be as straightforward as you would hope. This could especially be the case if you were injured in a motorcycle accident and you were not wearing a helmet.
Per O.C.G.A. § 15-12-33, if you were at fault in any capacity for the accident, your portion of fault will reduce the amount of money you can recover. If you were 50 percent or more at fault, you cannot recover any compensation at all.
After filing your insurance claim, the other party and the claims adjuster may argue that:
- You caused the accident.
- By not wearing a helmet, you exacerbated your condition.
- You did not uphold your duty of care by operating your vehicle safely.
- They should not have to be held accountable for the full extent of your losses.
While recovering from your injuries, these allegations could be difficult to fight. Some insurers also treat motorcyclists with an inherent bias, assuming motorcycle riders are automatically at fault even when the facts point to another driver. As your medical bills start to pile up, the claims adjuster may prevent you from getting the money you need.
However, when you partner with a motorcycle accident attorney from our team, we can build your case and fight against any tactics that attempt to derail your case.
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They Are Also Subject to Time Limits
Time is not on your side, either. Under O.C.G.A. § 9-3-33, you generally have two years from the date of your accident to file a personal injury claim in Georgia. If you miss this deadline, the court will likely bar you from recovering any compensation at all, regardless of how strong your case is. The sooner you speak with our team, the sooner we can begin gathering evidence and building your claim before that window closes.
The Damages You May Recover
If another driver caused your motorcycle accident, you may be entitled to compensation for several types of losses, including:
- Medical bills, including emergency care, surgery, hospital stays, physical therapy, and ongoing treatment
- Lost income for paychecks missed while recovering
- Reduced earning capacity if your injuries affect your ability to work long-term
- Pain and suffering for the physical and emotional toll of your injuries
In cases involving particularly reckless conduct, you may also be entitled to punitive damages. Our team works to determine damages based on the full scope of your losses, not just your immediate medical costs, and we push back when insurers try to undervalue your claim.
How Our Team Can Protect Your Right to Fair Compensation
If you were injured in a motorcycle accident and you were not wearing a helmet, you could still pursue compensation for your damages. To build your case, our team can consult with:
An Accident Reconstruction Specialist
These experts use a combination of computer simulators, engineering, and physics to recreate collisions. They may also make use of 3D models. By working with these professionals, our goal is to prove that even if you were wearing a helmet, you still would have suffered serious injuries in the crash.
When recreating your collision, an accident reconstruction specialist will take into account:
- The weight and speed of the involved vehicles
- The direction in which both vehicles were traveling
- Any traffic signals
- The layout of the street
- Extenuating factors, like poor weather conditions
They may also review traffic camera footage and the police report to learn more about your situation.
Healthcare Providers
To prove that your own negligence did not cause your injuries, we may consult with your healthcare team to learn more about your situation. They might even review the findings from your accident reconstruction specialist to learn more about the nature of your condition.
Using X-rays, your medical records, and the results of physical examinations, we hope to prove that the other party caused your injuries and should pay for your medical treatment.
An Insurance Claims Negotiator
We also handle direct negotiations with the insurance company on your behalf. Our team pushes back when adjusters try to undervalue your claim or use your lack of a helmet to reduce your settlement, and we’re prepared to take your case to court if they refuse to offer fair compensation.
Call Kaine Law to Begin Your Motorcycle Accident Case
Kaine Law has offices in Atlanta, Conyers, Lawrenceville, and Stockbridge. While Georgia does have a motorcycle helmet law, this in and of itself may not affect your case for compensation.
Allow us to help you seek awards to pay for your medical bills, lost income, and pain and suffering. Learn more about our legal services by dialing (404) 882-2970.
Call or text 404-214-2001 or complete a Free Case Evaluation form
