If you ride a motorcycle regularly on Louisiana public roads, you likely already know that helmets have been required by state law for both operators and passengers on motorcycles since 2004. What you might not know is what qualifies as an approved helmet in the eyes of law enforcement authorities or what impact the choice to not wear a helmet might have on your right to file suit after getting hurt in a motorcycle wreck.
To promote motorcycle safety and minimize injuries in motorcycle crashes, here is a brief primer on Prairieville motorcycle helmet laws as they currently stand. If you were recently hurt in a motorcycle wreck caused by someone else’s misconduct, a motorcycle accident attorney from Tomeny | Best could help you understand and effectively enforce your right to civil recovery.
What Does State Law Say About Motorcycle Helmets?
According to Louisiana Revised Statutes § 32:190, no person of any age or experience level can lawfully ride on a motorcycle, motor-driven cycle, or motorized bicycle without wearing a properly designed, fitted, and secured motorcycle safety helmet. To reiterate, the helmet must be one specifically designed for motorcycle riders and meet specifications for such helmets set by the Louisiana Department of Public Safety, which a legal professional can go into more detail about as needed.
The only exception to this universal helmet requirement is if local police authorize motorcycle riders to participate in a parade or similar public exhibition without helmets on, provided they ride at low speed and comply with other local safety regulations. Additionally, motorcycle helmet laws in Prairieville do not apply to people riding in autocycles or other vehicles with a roll bar, roll cage, or other built-in safety device that meets or exceeds the protective standards of a safety helmet.
How Not Wearing a Helmet Could Affect a Motorcycle Accident Claim
Since every motorcycle rider in Prairieville and throughout Louisiana is required by law to wear a helmet while riding, anyone who fails to abide by that law may be pulled over and ticketed by police. On top of that, they may struggle to hold someone else civilly liable for injuries stemming from a motorcycle accident, since the defendant they are suing may argue that their injuries would not have been as severe had they been wearing a helmet as required by law.
If a court agrees with this kind of argument, that court could impose a percentage of comparative fault against the injured motorcyclist to account for the role they played in negligently causing their own injuries, then reduce the total compensation available to that plaintiff by that same percentage. It is worth noting, though, that defendants have the burden of proving through objective medical evidence that helmet use would have prevented or lessened a specific injury.
Learn More About Motorcycle Helmet Laws From a Prairieville Attorney
Wearing a helmet while riding is the simplest and most effective thing you can do to reduce your risk of suffering serious head trauma in a motorcycle accident. Unfortunately, even if you follow all Prairieville motorcycle helmet laws, you may still sustain life-altering harm solely because of misconduct by someone else on the road with you.
In that kind of scenario, support from a capable and compassionate lawyer can make a world of difference in how effectively you can pursue the restitution you deserve. Call Tomeny | Best today to schedule a free consultation and discuss your possible claim.
