Do You Have to Wear a Motorcycle Helmet in Atlanta, GA?
November 22, 2022
When on a motorcycle, it is important to take extra precautions to protect yourself from a traffic accident. Every time a motorcyclist gets into an accident, they are 29 times more at risk of a fatality than a driver of an automobile. Motorcyclists are also at a higher risk of getting injured.
Because of these risks, Georgia motorcycle helmet laws and safety regulations are designed to protect riders and reduce preventable injuries.
If you need guidance on how helmet laws may impact your case, speak with an experienced Atlanta motorcycle accident attorney. At Henningsen Injury Attorneys, P.C., we offer free consultations and contingency-based representation to help injured riders pursue maximum compensation.
How to Choose the Right Size Motorcycle Helmet
Helmet Laws in Atlanta, GA
Not only is it required to wear a helmet in Georgia, but the helmet must be DOT approved. Georgia law § 40-6-315 requires protective headgear for motorcyclists. The State has a list of approved headgear for motorcyclists to review and follow after publishing the §570-13-02 rule.
The state also provides additional guidance through administrative rules such as Georgia Rule 570-13-02, which outlines approved helmet standards.
Helmet laws generally apply on public roads and highways, with limited exceptions for certain enclosed vehicles or specialized agricultural equipment.
Why Helmet Laws Are Necessary
Many may argue that wearing a helmet is a personal choice, but it provides vital protection during accidents.
According to the Insurance Institute for Highway Safety, helmets are approximately 37% effective in preventing motorcycle fatalities and significantly reduce the risk of traumatic brain injuries (TBIs).
Additional benefits of wearing a helmet include:
- Reduced risk of severe head and brain injuries
- Lower likelihood of long-term disability
- Improved protection against facial and neck injuries
What Are the Penalties for Not Wearing a Helmet?
Motorcycle accidents cause more than 5,000 deaths annually and many more injuries.
Failure to comply with Georgia’s helmet law can result in serious legal consequences, including:
- Fines of up to $1,000, depending on the circumstances
- Misdemeanor charges, which may include jail time of up to 12 months
- Possible community service requirements
Penalties may increase if failure to wear a helmet contributes to an accident or injury.
How a Helmet Affects Your Settlement
When you’ve been in a motorcycle accident, your attorney will need to know if you were wearing a helmet during the collision. Settlement compensation is awarded based on the severity of your injuries. The more extreme your injuries, the more expensive your damages will be. This is especially the case for catastrophic injuries that result in wounds that require surgery and lengthy physical therapy sessions.
Not wearing a helmet increases your risk of getting into a life-threatening situation. Your injuries may incapacitate you and make you unable to work. If you get disabled, you’ll get paid a monthly stipend according to state and government laws. If your insurance policy doesn’t cover your medical care, the state may have to pay your expenses.
You can still file a lawsuit against the at-fault driver for causing your motorcycle accident. The only issue is that they can form a rebuttal if you weren’t wearing a helmet. They may argue that had you been wearing a helmet, you wouldn’t have been so badly injured.
However, even if you were not wearing a helmet, you may still recover damages if another party was primarily responsible for the accident. An experienced attorney can help minimize fault arguments and maximize your recovery.
Choosing the Right Motorcycle Helmet
Selecting the proper helmet is essential for both legal compliance and rider safety. When choosing a helmet, consider:
- DOT certification for legal compliance
- Proper fit and sizing to ensure protection
- Full-face coverage for maximum safety
- Ventilation and comfort for long-term use
A properly fitted helmet can significantly reduce injury severity in an accident.
Other Safety Gear for Motorcyclists
When riding a motorcycle, you should wear more than just a helmet so that you can be prepared for the worst-case scenario. Other safety gear includes the following:
Gloves
You will need gloves made of strong materials that will stay intact if you fall. Some gloves have sliders that protect your palms if you slide down the road. These gloves can also help absorb the force of the fall.
Jackets
Every motorcyclist should have a high-quality jacket in their collection. Back and chest protectors, elbow and wrist guards, and other safety features are some of the features offered in biker jackets. You should get a jacket with a waterproof shell and enough ventilation.
Boots
If you fall from your bike or are involved in an accident, your boots will protect your feet and ankles. A motorcyclist requires a boot with a sturdy sole and sufficient ankle support, which are preferably weatherproofed.
Durable Clothing
A common saying is to dress for the slide, not the ride. Wearing sturdy gear will protect you from the worst of road rash. Motorcycle-specific apparel may feature padding made of Kevlar, premium leather, and plastic.
Preparing Your Motorcycle
There are many ways that you can improve your motorcycle to help prevent motorcycle accidents. Some of the ways you can do this include the following:
Antilock Braking System
Antilock braking systems (ABS) use wheel-speed sensors to detect when the wheels lock up during braking. They release and reapply brake pressure a few times per second to prevent a crash. It keeps the motorbike stable when you are rounding tight corners or during an emergency high-speed braking maneuver.
Inspect Your Motorcycle
Before you ride, it’s a good idea to check your bike to make sure it is as safe as possible. Examine your brakes, fuel, oil, tire pressure, mirrors, handlebars, turn signals, taillights, and headlights.
Adaptive Headlights
As you drive around dark corners, standard older-model headlights aren’t the best at illuminating the road ahead. Adaptive headlights use electronic sensors and turn when you round a corner.
Automatic Clutch and Shift
New motorcycle riders are more likely to get into an accident, and often have a more difficult time adjusting to the manual clutch and shift gears on their bikes. Most bikes require you to be able to shift gears and use a clutch. However, manufacturers are already releasing motorcycles with automated clutch and shift mechanisms. SO new riders won’t have to spend much time learning how to change gears.
Electronic Tire Pressure Monitors
Low tire pressure can make it more difficult to operate your bike and also increase the risk of a motorcycle accident. The electronic tire pressure system monitors when the pressure is low so you know when to inflate the tires.
Common Motorcycle Injuries
Motorcycle accidents often result in serious, life-altering injuries due to the lack of physical protection compared to passenger vehicles. Understanding the most common injuries can help victims recognize symptoms early and pursue appropriate medical and legal action.
Traumatic Brain Injury
Head injuries are among the most serious outcomes of a motorcycle crash. Even when wearing a helmet, riders may suffer concussions, brain hemorrhages, or hematomas due to the brain impacting the skull. In severe cases, penetrating head injuries can occur. These injuries may lead to long-term cognitive impairment, memory loss, and reduced motor function.
Spinal Cord Injuries
You may deal with spinal cord wounds such as ruptured discs, slipped discs, herniated discs, pinched nerves, hemiplegia, or paraplegia. The severity of your spinal cord injury depends on the location of the injury. You can suffer from minor backache and radiating pain because of the spinal cord injury, or paralysis due to severed spinal nerves.
Internal Organ Injuries
High-impact collisions can cause internal bleeding or organ damage, which may not be immediately visible. Injuries such as a punctured lung (pneumothorax) or trauma to the heart or liver can be life-threatening and require immediate medical attention.
Fractures And Broken Bones
You are likely to experience fractures in some parts of your body after a motorcycle accident. This is common in the wrists, hands, pelvis, and hips. You can also experience fractured or broken ribs, which can make it extremely painful to move.
Lower-Extremity Injuries
Because a rider’s legs are exposed, injuries to the knees, thighs, ankles, and feet are common. These injuries may lead to temporary or permanent disability, particularly in high-speed crashes.
Road Rash
When you slide across the pavement, it can cause road rash. Road rash injuries are very painful and can cause heavy scarring.
Burns
Motorcycle accidents involving fuel leaks or vehicle fires can result in first-, second-, or third-degree burns, often requiring extensive medical treatment and long-term care.
What Compensation Can You Recover After a Motorcycle Accident?
When working with a motorcycle accident attorney, you can seek non-economic and economic damages, which include the following:
Medical Bills
Any medical expenses you had to pay because of your motorcycle accident will be a part of your settlement. You can include your medical bills even if they are ongoing.
You can recover compensation for all accident-related medical costs, including:
- Emergency care and hospital bills
- Surgeries and diagnostic testing (X-rays, MRIs, etc.)
- Physical therapy and rehabilitation
- Medical devices (casts, crutches, wheelchairs)
- Prescription medications and ongoing treatment
Lost Income
After you’ve been wounded, you might have to take time off work. The average amount you would normally make will be included in your settlement and any amount you expect to make in the future.
Pain and Suffering
Motorcycle accident victims often experience significant emotional and psychological trauma, including:
- Post-traumatic stress disorder (PTSD)
- Anxiety and depression
- Loss of enjoyment of life
These damages compensate for the non-financial impact of your injuries.
Property Damage
Your motorbike may need repair or replacement after an accident. If your insurance policy doesn’t cover all of your property damage, your attorney can calculate your property damage compensation for you.
What to Do If You Were in a Motorcycle Accident
After an accident, taking the right steps can protect both your health and your legal claim.
If you were not wearing a helmet—or if your helmet was defective—this may impact the value of your settlement, but it does not automatically prevent you from recovering compensation.
You should:
- Seek immediate medical attention
- Document the accident and your injuries
- Contact a motorcycle accident attorney as soon as possible
An attorney can investigate the accident, determine liability, and build a strong claim for compensation.
How Georgia Comparative Negligence Affects Your Claim
Georgia follows a modified comparative negligence rule, meaning:
- You can recover damages if you are less than 50% at fault
- Your compensation will be reduced based on your percentage of fault
- If you are 51% or more at fault, you cannot recover damages
For example, failing to wear a helmet may reduce your compensation, but you may still recover damages if another driver was primarily responsible.
Why You Need a Motorcycle Accident Lawyer
Motorcycle accident claims are often complex and aggressively defended by insurance companies. An experienced attorney can:
- Prove liability and counter fault arguments
- Accurately calculate your total damages
- Negotiate for maximum compensation
At Henningsen Injury Attorneys, P.C., we have helped injured riders recover millions of dollars in compensation and are committed to protecting your rights.
Get Help After a Motorcycle Accident Today
If you’ve been injured in a motorcycle accident, contact Henningsen Injury Attorneys, P.C. today for a free consultation.
We work on a contingency fee basis—meaning you pay nothing unless we win your case. Let our Atlanta motorcycle accident attorneys fight for the compensation you deserve.
