In Georgia, all motorcycle riders must wear helmets that meet federal motor vehicle safety standards. If a motorcycle operator or rider fails to wear an approved helmet, it raises the risk of suffering life-threatening injuries in a crash. It could also result in penalties for violating the state’s traffic laws, including fines, points on your license, and imprisonment.
This legislation may seem straightforward, but there’s more to it than you might think. Understanding the finer details can keep you out of legal trouble, enhance your safety, and protect your legal rights if a motorcycle accident occurs.
Does Georgia Have Minimum Standards for Motorcycle Helmets?
Georgia law requires your helmet to meet U.S. Department of Transportation helmet standards, which serve the purpose of protecting motorcyclists and preventing catastrophic injuries in crashes, such as traumatic brain injury and neck injuries. Georgia requires the helmet to have:
- A hard outer shell
- An impact-absorbing liner
- A chin strap
- A DOT certification label on the back.
Under Georgia law, wearing a helmet that does not meet DOT standards is the same as not wearing a helmet at all. When you don’t wear a helmet, it can also make pursuing a motorcycle accident claim more difficult.
How Often Should Motorcycle Helmets Be Replaced?
Even the best helmets have a shelf life. Manufacturers and safety experts recommend replacing your helmet every five years, regardless of its apparent condition. The materials in your helmet degrade over time due to heat, sweat, and UV exposure, weakening them and reducing their ability to protect you.
You should also replace your helmet immediately if:
- It was involved in any crash (even minor ones)
- It has visible cracks or dents
- The interior padding or chin strap is worn or damaged.
Your helmet can distinguish between walking away from an accident and suffering life-altering injuries. Replacing it regularly may cost some money. However, not doing so may cost your life.
Are There Other Safety Requirements for Operating a Motorcycle in Georgia?
Yes. In addition to wearing a DOT-approved helmet, Georgia has other safety laws that all motorcyclists must follow when riding:
- Protective eyewear – Georgia requires motorcyclists to wear eye protective devices. Some motorcycles have windshields that protect you from airborne debris, insects, and even wind from obstructing your vision and causing a serious accident. If your bike does not have a windshield, you must wear eye protection such as a face shield or shatter-resistant goggles.
- Motorcycle endorsement – Motorcycle riding is very different than driving a car. A standard driver’s license does not legally qualify you to ride a motorcycle. You must obtain a motorcycle endorsement (Class M) to operate one in Georgia legally. To get the endorsement, you must:
- Complete a state-approved motorcycle safety program course
- Pass a written knowledge test and an on-cycle skills test.
You must take the written knowledge and on-cycle skills tests at a Georgia Department of Driver Services location. Operating a motorcycle without a Class M endorsement can lead to criminal penalties and potential liability issues if you’re involved in an accident.
Are There Penalties for Not Wearing a Helmet in Georgia?
If you ride a motorcycle in Georgia, you must wear a helmet. Failing to wear protective headgear on your motorcycle is a traffic offense under state law that can result in:
- A fine of up to $100
- Court costs and fees
- Possible jail time.
First-time offenders often avoid jail time and face lower fines. However, repeat violations of the mandatory helmet law can result in far more serious consequences. In extreme cases, offenders may face up to one year in jail. Beyond the legal consequences, failing to wear a helmet significantly increases the risk of traumatic brain injury or death in motorcycle crashes.
Can Not Wearing a Helmet Affect My Case If I Am in a Motorcycle Accident?
Yes, if you suffer injuries in a crash and you’re not wearing a helmet, it may affect the outcome of a personal injury claim, even if the other driver was negligent.
Georgia follows a modified comparative negligence rule. The rule reduces your compensation in a personal injury lawsuit, or bars it altogether, if you’re partially responsible for the accident. If you weren’t wearing a helmet and you suffered a head injury, the at-fault driver’s insurer will likely argue that you bear some responsibility for your injuries.
What Should I Do If I Am Involved in a Motorcycle Accident in Georgia?
Your number one priority after a motorcycle accident should be to seek medical attention as soon as possible, even if you seem unharmed. However, protecting your legal rights also requires you to do a few key things:
- Call 911 – Report the accident to law enforcement. The responding police officer will create an accident report documenting key details of the incident and provide you with valuable evidence for a personal injury claim.
- Document the scene – Take photos and videos of motorcycle and vehicle damage, vehicle positions, accident debris, skid marks, traffic signs and signals, road and weather conditions, the surrounding area, and any visible injuries.
- Collect witness information – If there were any witnesses, they may offer powerful third-party testimony for your accident claim. Gather their names and contact information.
- Be cautious when speaking with insurers – Insurance companies will likely contact you to weaken your claim and minimize your payout. Do NOT admit fault, accept a settlement, or give a recorded statement until you speak first with a lawyer.
- Contact Bayuk Pratt – Motorcycle accident claims are complicated. It’s easy to make mistakes when pursuing one on your own. A skilled personal injury attorney can lead you through the legal process and protect your rights as you seek fair compensation.
How Can a Georgia Motorcycle Accident Lawyer Help with My Accident Case?
When you work with an experienced attorney at Bayuk Pratt on your motorcycle accident case, you will give yourself an edge. Your lawyer can help by:
- Reviewing your case for free
- Investigating the accident
- Obtaining, preserving, and presenting key evidence
- Filing all paperwork
- Handling all insurance company communications
- Negotiating for a fair settlement
- Representing you in court, if necessary.
Contact a Georgia Motorcycle Accident Lawyer
If you’ve suffered injuries in a motorcycle accident caused by someone else, the team at Bayuk Pratt can help. We have insider knowledge of how insurance companies work, and we are battle-tested Atlanta personal injury trial lawyers who know what it takes to win. Our reputation is backed by our experience, including recovering millions in settlements and verdicts for clients throughout Georgia. Contact us today for your free consultation and learn more about how we can help with your motorcycle accident case.
