- June 16, 2025
- Attorney David Mann
- Motorcycle Accident
Because every state has its own laws regarding motorcycle helmet usage, it can be difficult for motorcyclists to track what they need to do when riding across state lines. For riders in the Peach State, Georgia’s helmet laws are among the strictest and oldest in the United States. A few exceptions exist for when riders must wear a helmet – primarily involving the type of vehicle in use – but the majority of riders have to wear helmets or face fines and potential jail time.
Whether you are wearing a helmet at the time of the crash can also affect motorcycle helmet accident claims. Learn more about Georgia’s helmet laws for motorcyclists and whether you as a motorcycle operator could be partially at fault for the crash because you weren’t wearing a helmet.
Georgia Helmet Law Rules and How They Affect Riders
The helmet law in Georgia originally passed in 1969. The text found in Georgia Statute 40-6-315 states that any operator or passenger on a motorcycle must wear a helmet. No exceptions exist for age or level of riding experience. Failing to wear a helmet is a misdemeanor violation in Georgia, and the maximum penalties for misdemeanors in the state are a fine up to $1,000 and a jail sentence of up to one year.
The state requires riders to wear helmets with safety ratings approved by the U.S. Dept. of Transportation (DOT). Approved helmets must have a DOT symbol on the back of the helmet or a sticker that says the helmet is FMVSS 218 certified.
Some novelty helmets might contain markings that indicate they are DOT approved, even if they aren’t. Law enforcement officers could give motorcycle riders a citation for wearing a novelty or fake helmet that isn’t actually DOT approved. Not knowing that you had a novelty helmet is not an option for avoiding a citation.
Exceptions for Wearing Helmets in Georgia
Anyone riding on a motorcycle on Georgia roads must wear protective headgear. However, there are some exceptions for vehicles not considered by Georgia to be motorcycles, including:
- Three-wheeled motorcycles used exclusively on farms
- Carts with a motor
- Two- or three-wheeled vehicles with an enclosed cab.
The Georgia Dept. of Driver Services says people riding a moped on roads must wear a DOT-approved helmet for motorcycles. Children under the age of 16 may need to wear helmets on e-scooters.
How Motorcycle Helmet Accident Claims Are Affected By Helmet Usage in Georgia
Even though state law requires motorcycle riders to use helmets, failure to wear a protective helmet doesn’t automatically disqualify you from seeking a financial award if you suffer injuries in an accident. Not wearing a helmet could reduce the amount you receive, though.
Proving Fault Remains the Most Important Factor
To win a personal injury lawsuit, you must prove that the other party caused the accident and your injuries. Whether you were wearing a helmet is less important than showing fault at the start of the case.
If the other driver’s insurance company can show that you were equally or primarily at fault (50% or more), you are ineligible to win any financial award. Our Georgia personal injury attorney will investigate the circumstances in your motorcycle accident and look for evidence that shows you were not primarily at fault. Perhaps the other driver was speeding or driving while distracted, which was the primary reason for the crash that caused your injuries.
As long as the fact that you were not wearing a helmet did not play a primary role in the cause of the accident, we can potentially show fault on the part of the other driver.
Reducing Your Financial Award
However, the other driver’s insurance company might try to argue that your lack of a helmet made your injuries worse. The insurer might then try to reduce your financial award by the percentage by which your lack of a helmet affected your injuries. You could lose out compensation for the financial impact of a brain injury you suffered in the crash because you weren’t wearing a helmet, for example.
When our motorcycle injury accident law firm represents you, we’ll start negotiations with the insurance company on your behalf. If we come to an agreement that the other driver was primarily at fault for the crash, we’d then start negotiating any reduction in your award amount because you weren’t wearing a helmet. As long as the percentage reduction isn’t 50% or greater, you could win a reduced financial award.
However, if your primary injury from the accident is head trauma and you weren’t wearing a helmet or were wearing a novelty helmet, the other driver’s insurer might try to argue that even though your actions on the motorcycle did not primarily cause the accident, your injuries are severe only because you broke Georgia’s helmet law. You could then lose your ability to win any award in the case.
You will want an experienced motorcycle injury accident attorney on your side during these negotiations. Insurance companies will have several adjusters and lawyers assigned to your case, and our personal injury attorney can collect facts that help you counteract their work.
Protecting Your Health
The best way to protect yourself in case of a crash with a motor vehicle operator is to follow Georgia state law and wear an approved helmet. By wearing a legal helmet, you can reduce the chances of suffering brain injuries in a motorcycle crash by up to 67%, according to the National Highway Traffic Safety Administration (NHTSA). You can also keep yourself eligible to win the full amount in a motorcycle injury accident claim.
Call the Mann Law Firm for Help With Your Motorcycle Injury Accident Claim
If another driver made a mistake behind the wheel that caused an accident involving your motorcycle, you may have the right to seek a financial award for your injuries, pain, and suffering. If you were not following Georgia’s helmet laws at the time of the accident, this could affect your motorcycle helmet accident claim. However, attorney David Mann might still be able to increase your chances of winning a motorcycle accident lawsuit. He personally handles every case.
Speak to our Georgia motorcycle accident lawyer today by calling (478) 742-3381. We offer a free review of your case, and you are under no obligation to hire us after this discussion.
Attorney David Mann
Before leading his own firm, Mann served for several years as in-house defense counsel for a large insurance company, which gives him unique insight into how insurance companies work. He uses this critical knowledge as an advantage for his clients. He is a tough negotiator and litigator, and he is exceptionally strategic in building cases on behalf of personal injury victims.[ Attorney Bio ]
