California Vehicle Code § 27803

Under California Vehicle Code § 27803, California requires every motorcycle rider and passenger to wear a DOT-compliant safety helmet. A rider’s failure to wear a helmet does not bar an injury claim — but it can affect the damages recoverable for head injuries under comparative fault.

Reviewed against the current statutory text at leginfo.legislature.ca.gov. This page is legal information, not legal advice.

Exact Statute Text

Read the full, current section at the official source: Cal. Veh. Code § 27803 (leginfo).

In Plain English

• Universal helmet law: both driver and passenger must wear a compliant safety helmet.
• Not wearing one is an infraction, but it does not, by itself, bar an injury claim.
• Comparative fault: if the lack of a helmet worsened a head injury, damages for that injury may be reduced.
• The at-fault driver who caused the crash remains responsible for the collision itself.

Key Terms Defined

Safety helmet

A helmet meeting the standards set under Vehicle Code § 27802, required for all riders.

Comparative fault

The doctrine that can reduce head-injury damages if not wearing a helmet contributed to the harm.

Infraction

A minor violation; failing to wear a helmet is unlawful but does not bar a personal-injury claim.

Purpose & Context

Section 27803 protects riders by mandating helmets. In a civil case it does not excuse the at-fault driver, but it can factor into the damages recoverable for head injuries.

Real-World Example

A car turns left into a motorcyclist, causing a crash. The motorcyclist’s claim against the driver stands; if the rider was not wearing a helmet and suffered a head injury, the defense may argue comparative fault to reduce the head-injury portion of the damages.

Vehicle Code § 27803 at a glance

Related California Statutes

• Civil Code § 1714 — the duty of care
• CCP § 335.1 — the 2-year deadline
• California motorcycle accident lawyer

Why 27803 Matters

For injured people & families

Not wearing a helmet does not end your claim — the driver who caused the crash is still liable, and any reduction is limited to head-injury damages. See our California motorcycle accident lawyer page.

For defendants

The helmet defense is limited: it applies to head-injury damages via comparative fault, not to the crash liability itself.

Frequently Asked Questions

Do I have to wear a helmet on a motorcycle in California?

Yes. Vehicle Code § 27803 requires all riders and passengers to wear a DOT-compliant safety helmet.

Can I still sue if I wasn’t wearing a helmet?

Yes. Not wearing a helmet does not bar your claim; at most it may reduce head-injury damages under comparative fault.

Does the at-fault driver still owe me?

Yes. The driver who caused the crash remains liable for the collision regardless of the helmet issue.

How long do I have to file?

Generally two years from the injury under CCP § 335.1.