Louisiana’s Motorcycle Helmet Law

Louisiana has what is known as a universal motorcycle helmet law that states anyone operating a motorcycle or traveling as a passenger on one needs to wear a safety helmet.

The law specifically states that no-one should operate or ride as a passenger on a motorcycle unless they are wearing a helmet, and the helmet should be made for those who are operating or traveling on a motorcycle. In addition to this the state of Louisiana says that the helmet needs to be secured and the chin strap should be used when the motorcycle is moving. The motorcycle helmet should be of the same standard, if not a higher standard than that which Louisiana’s Office of Motor Vehicles’ commissioner has adopted.

If you were to ride a motorcycle as a passenger or you operated one without wearing a helmet you will be fined $50 (Correct at the time of writing).

If you are involved in a traffic accident while you’re not wearing a helmet, any personal injury case you bring about will not be as successful as you had hoped, even if another driver was at-fault for the accident.

The reason for this is Louisiana’s comparative negligence rule. This rule stands so that any compensation you receive will be reduced by your percentage of fault. Let’s imagine that you were hit by a car and your motorcycle was damaged and you sustained some injuries. If you had been wearing a helmet at the time of the accident it’s likely you would receive all of the compensation the court decides you’re entitled to. However, if you were not wearing a helmet at the time of the accident, the court could find you partially at-fault for your injuries.

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Let’s imagine you would have been awarded $15,000 compensation if you were wearing a helmet. Now let’s imagine you were not wearing a helmet, and the court found you to be 20% at-fault for your injuries. This means you will receive 20% less compensation, which is equal to just $12,000.

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2018-12-11T11:49:40+00:00By : b6njx | Category : Motorcycle Accident Personal Injury