The Georgia motorcycle helmet law is straightforward: All riders and passengers must always wear helmets when riding. Not only must riders and passengers wear a helmet to follow the law, but wearing a helmet also significantly reduces the chances of head injuries in a motorcycle accident.
While Bayuk Pratt encourages all Georgia motorcycle riders and passengers to follow the state’s universal helmet law, whether you were wearing a helmet should not affect your eligibility for compensation after a motorcycle accident someone else caused.
Make sure you understand Georgia motorcycle laws and your legal rights so you can take appropriate action after a collision.
What Is a DOT-Approved Motorcycle Helmet?
A DOT-approved motorcycle helmet is one that meets federal safety standards that the U.S. Department of Transportation enforces. The DOT sets rules to help keep motorcycle riders safe by making sure helmets provide a minimum level of protection.
You can usually tell a helmet meets DOT standards if it has a sticker on the back of its exterior saying it’s FMVSS No. 218 Certified. If a helmet does not have this sticker, wearing it could mean you are not following the Georgia motorcycle helmet law.
While wearing a DOT-approved helmet is crucial to protect yourself and follow the law, you must also choose a helmet that fits properly. Contact our Atlanta motorcycle accident attorney today.
Here are a few tips for choosing the right motorcycle helmet:
- Measure your head to find the right helmet size. Use a soft measuring tape around your forehead and compare it with the manufacturer’s sizing chart.
- Try it on to ensure a snug fit without painful pressure points.
- Choose a full-face helmet for the most protection.
- Test the chin strap to ensure it fastens securely and does not shift when tugged.
- Pick a helmet with good ventilation to stay cool and comfortable during longer rides.
Are Motorcycle Operators Required to Wear Eye Protection?
Yes, in most cases, motorcycle riders must wear eye protection under Georgia law. The same law requiring riders and passengers to wear helmets (Ga. Code § 40-6-315) also requires them to wear eye protection. However, motorcycle riders and passengers can go without eye protection if their motorcycle has a windshield. If the motorcycle does not have a windshield, riders and passengers must wear eye protection that meets state standards.
Georgia requires motorcycle riders and passengers to wear helmets and have some sort of eye protection, and it also sets other rules for motorcycle safety equipment. The rules include:
- Footwear – State law requires all motorcycle riders to use proper footwear, which usually means no sandals or open-toed shoes. Sturdy footwear helps you stay stable while riding a motorcycle.
- Passengers – You can carry a passenger only if your motorcycle has a built-in passenger seat and footrests for the passenger. The required equipment helps keep motorcycle passengers safe by providing them with a steady, built-in position from which to ride.
- Handlebar height – Your motorcycle’s handlebars cannot be more than 15 inches above the seat.
- Mirrors and lights – Your motorcycle must have at least one side-view mirror, headlights, and taillights. You must use these lights and keep them on whenever you ride your motorcycle.
- Lane-splitting – State law forbids motorcycle riders from passing other vehicles by using the line between traffic lanes. The practice is known as lane splitting. However, two motorcycles can share a lane and ride side-by-side to increase their visibility.
Are There Any Exceptions to Georgia’s Motorcycle Helmet Law?
Some narrow exceptions apply to the Georgia motorcycle helmet law. For example, riders and passengers using a motorcycle with an enclosed cab are not required to wear helmets. The same goes for riders and passengers using a motorized cart or someone operating a three-wheeled motorcycle solely for agricultural reasons. Otherwise, all riders and passengers must wear helmets regardless of their age or riding experience.
Is a Passenger on a Motorcycle Required to Wear a Helmet?
Yes, all motorcycle passengers must wear helmets to comply with the Georgia motorcycle helmet law. The only exceptions are passengers in motorcycles with enclosed cabs, people in motorized carts, and anyone using a three-wheeled motorcycle solely for agricultural purposes.
Will I Get a Ticket if I Am Caught Riding a Motorcycle Without a Helmet?
Under Georgia law, most traffic offenses are misdemeanors unless a statute specifically says otherwise. (See Ga. Code § 40-6-1.) Since the Georgia motorcycle helmet law does not say otherwise, any violation of this law is usually a misdemeanor.
Typical penalties for misdemeanors in Georgia include a fine of up to $1,000 and up to 12 months in jail. Whether you receive a ticket and how much you must pay depends on your criminal record and other factors specific to your case.
Other potential consequences for not following the Georgia motorcycle helmet law include:
- Increased insurance premiums
- Points added to your license
- A driver’s license suspension (depending on how many points you already had when you received the ticket).
Can You Recover Compensation from an Accident if You Were Not Wearing a Helmet?
Motorcycle riders often worry that they cannot recover compensation after a crash if they were not wearing a helmet. However, that is not the case. While not wearing a helmet often results in more severe injuries in a collision, it is not a factor that impacts liability for the accident. If you did not cause the crash, whether you were wearing a helmet should have no bearing on your right to compensation.
Insurance companies usually do not see it that way, though. They often argue that unhelmeted motorcyclists should receive less compensation because they did not do more to protect themselves and broke the law. Our experienced motorcycle accident lawyers can push back against these tactics and present evidence showing you did not cause the crash and should be entitled to full compensation from the at-fault party.
Contact a Georgia Motorcycle Accident Attorney
The Georgia motorcycle accident lawyers at Bayuk Pratt stand ready to help you seek compensation after a collision, regardless of whether you complied with the state’s helmet law. Our team of former insurance defense attorneys knows the tricks that often derail motorcycle accident claims and how to counter them. With over 50 years of combined experience and more than $300 million recovered for our clients, you can trust us to help you pursue the money you need for your losses in a motorcycle crash.
Call now or complete our contact form for a free consultation.
