Georgia is one of 19 states with universal helmet laws. That means every motorcycle rider and passenger must wear a DOT-approved helmet, regardless of age or experience. Violating Georgia’s mandatory helmet law is a misdemeanor and can result in fines and even criminal penalties.
Aside from the legal requirements, wearing a motorcycle helmet is safer and can help reduce the risk of serious injury from motorcycle accidents. If you have questions about the Georgia motorcycle helmet laws or would like to speak with a motorcycle accident attorney in Atlanta, contact Bayuk Pratt today.
What Is Georgia’s Motorcycle Helmet Law?
O.C.G.A. 40-6-315 requires all motorcycle riders and passengers in Georgia to wear helmets while on a motorcycle. The law also states that motorcycles must have a windshield, or the rider must wear eye protection approved by the Commissioner of Public Safety. Lastly, the law establishes that the Commissioner of Public Safety has the authority to approve and disapprove protective headgear and eyewear and must maintain print and electronic lists of all approved safety equipment.
Georgia was among the first states to pass universal motorcycle helmet laws in 1969, and the law has remained relatively unchanged since.
Are There Any Exemptions to Georgia’s Motorcycle Helmet Law?
Yes, there are two exemptions to Georgia’s motorcycle laws. Specifically, riders do not have to wear a helmet if their motorcycle has an enclosed cab or if they are riding a three-wheeled motorcycle solely for agricultural purposes. Unlike many other states, Georgia does not have motorcycle helmet exemptions based on age or riding experience. Georgia’s helmet laws apply to all riders in the state, including out-of-state riders who cross state lines into Georgia.
What Are the Standards That a Motorcycle Helmet Must Meet?
Georgia law requires that riders wear a motorcycle helmet that meets the Department of Transportation’s safety standards. DOT-approved helmets must meet specific standards and levels of safety as well as physical dimensions. You can search for approved motorcycle helmet brands and models at the NHTSA’s Compliance Test Report Database and find a complete list of motorcycle helmet safety regulations at 49 CFR 571.218. Motorcycle eye protection must meet the state’s Vehicle Equipment Safety Commission’s standards or any other nationally recognized eye protection standard.
More specifically, motorcycle helmets must meet the criteria set out in Federal Motor Vehicle Safety Standard (FMVSS) 218. FMVSS 218 focuses on three specific helmet areas: impact performance, penetration resistance, and fastening systems. It also specifies that helmets must allow at least 105 degrees of peripheral vision and that surface projections (e.g., clips, snaps, etc.) must protrude no more than 5 millimeters. The DOT does not independently verify helmets, but manufacturers must self-certify their models if they wish to include the DOT-approved emblem on their merchandise.
Can You Be Penalized for Not Wearing a Helmet in Georgia?
Yes, you can face a penalty for not wearing a motorcycle helmet in Georgia. Failing to wear a helmet is a misdemeanor that can result in a maximum penalty of $1,000 and up to one year in prison. Georgia gives courts discretion to impose punishments, so it’s unlikely you would face the maximum penalties for a first-time violation. However, repeated violations can incur more severe consequences.
Failing to wear a helmet will also result in points being added to your license, which could lead to a license suspension if you accumulate too many. According to the Department of Driver Services, a motorcycle protective gear violation carries a three-point penalty. If you accrue more than 15 points in 24 months, the state will suspend your license.
Can My Failure to Wear a Helmet Affect My Motorcycle Accident Claim?
Aside from the criminal, civil, and administrative penalties, failing to wear a helmet can drastically affect the outcome of a personal injury lawsuit in Georgia. Georgia practices a doctrine known as comparative negligence, under which any shared negligence can reduce the amount of compensation recovered in a personal injury lawsuit. If insurance companies or courts determine that your lack of a helmet was negligence, you might receive less money if you file a claim or lawsuit.
Fortunately, comparative negligence does not entirely prevent you from seeking damages if you share fault. Instead, your final settlement would be reduced according to the percentage of fault you bear. For instance, if you share 30 percent fault and your total losses are $100,000, you would receive $70,000 ($100,000 minus 30 percent, or $30,000). As long as you bear less than 50 percent of the fault for causing the crash, you can still recover compensation in Georgia, although it would be less than if you shared no fault.
Whether your lack of a helmet would impute shared negligence depends on the specific nature of the injury you received. If wearing a helmet would have mitigated the damage, then it’s more likely the lack of a helmet will affect your compensation. For instance, if you sustained a traumatic brain injury (TBI) and a helmet would have reduced the severity of the injury, you will likely see a reduction in compensation. If a helmet would not have made a difference, such as with torso injuries, there is less chance it would affect the final outcome of your case.
A personal injury attorney can present your case to minimize the liability you share and maximize your recoverable compensation.
Contact a Georgia Motorcycle Accident Lawyer
Motorcycle accidents are particularly dangerous and can cause expensive-to-treat injuries, making motorcycle accident claims harder to win. The attorneys at Bayuk Pratt have recovered hundreds of millions in damages and have a long list of satisfied clients.
We are knowledgeable about motorcycle regulations and laws that could impact your case and will work tirelessly to secure the most favorable outcome. Our law firm collectively holds over 50 years of legal experience, and we have had great success in going up against numerous large insurance companies.
Contact us online or call today for a free, no-obligation consultation with a Georgia motorcycle accident lawyer. We are available 24/7, so you can reach out at any time convenient for you.
