Bikers love the freedom of the open road, but it is vital to remember that with freedom comes responsibility. For bikers, that responsibility includes observing the state’s motorcycle safety laws, including applicable helmet laws. Keeping up with those laws can be tricky since not every state makes motorcycle helmets mandatory. Whether you are based in the state or just traveling through, you must know that helmets are mandatory.
The penalty for failing to wear a motorcycle helmet is only a minimal fine. However, getting into an accident without a helmet could have a substantial impact on your ability to recover from injuries. Since helmets are mandatory, failing to wear one could be seen as negligence, impacting your ability to seek compensation after an accident. An experienced motorcycle accident attorney can help you understand more about Metairie motorcycle helmet laws and how they can impact your personal injury case.
Helmets Are Mandatory in Metairie
The most important thing for bikers to know is that motorcycle helmets are mandatory in Metairie per Louisiana Revised Statutes § 32:190. No person is to operate or ride any motorcycle, motorized bicycle, or motor-driven cycle unless they are wearing a safety helmet. In addition, the helmet should be secured with a chin strap at any time the vehicle is in motion.
The Commissioner has the discretion to specify the safety standards for the helmet, which address the lining, padding, visor, and chin strap.
The requirement is not absolute. For example, local police authorities can grant parade permits that allow people participating in parades or other public exhibitions not to wear a helmet while participating in a parade or public exhibition. Additionally, the helmet requirement does not apply when a person is riding in an autocycle with equipment meeting or exceeding the standards of a safety helmet, rollbar, or roll cage.
The law also requires those who manufacture, sell, or otherwise distribute safety helmets to carry liability insurance. If the helmet has a design, material, or quality defect that contributes to injuries, an injured person may have a claim against the manufacturer. This provision provides additional financial protection for bikers who comply with motorcycle helmet laws in Metairie.
Penalties for Not Wearing a Motorcycle Helmet in Metarie
The penalty for not wearing a motorcycle helmet is a $50 fine, including all related court costs. The law prohibits local governments from assessing additional costs or fees for failing to wear a helmet.
While there are no direct fees, failing to wear a helmet can have substantial financial costs. The state follows the rules of pure comparative negligence to determine fault in an accident. Under pure comparative negligence, someone who is injured can recover from the other wrongdoers as long as the wrongdoers bear some responsibility for the injuries. However, the amount of compensation they can get is reduced proportionately to the injured person’s own responsibility for their injury.
Wearing a motorcycle helmet serves two critical functions. First, it reduces the likelihood of traumatic brain injuries (TBIs), facial injuries, and upper neck spinal cord injuries in an accident. Second, it reduces the severity of TBIs in an accident and the likelihood of death.
Therefore, if someone fails to wear a helmet during an accident and sustains a head, facial, or spinal injury, a judge or jury must determine how much of the injury was due to the failure to wear a helmet. Whatever that percentage is, the injured person will not be able to recover that portion of the total damages.
Learn More About Metairie Motorcycle Helmet Laws
While Metarie motorcycle helmet laws require bikers to wear a helmet, they also provide for some exceptions. The official punishment for failure to wear a helmet is only a nominal fine. However, it can significantly influence the amount someone may recover in a civil lawsuit for injuries from a motorcycle wreck. To find out how failure to wear a helmet could impact your civil claim, schedule a consultation with an attorney.
