Helmet and Safety Gear Laws in Louisiana
Motorcycle Accident
Helmets, jackets, boots, and eyewear can help protect motorcycle riders from injury in the event of a crash. Serious head and brain injuries, and other forms of harm like road rash or burns, can be prevented through the use of this safety gear.
The Helmet and safety gear laws in Louisiana require riders and their passengers to wear approved helmets and eye protection. Understanding and complying with these laws is crucial to avoiding penalties, staying safe, and securing your right to fair compensation in the event of an accident.
Louisiana Helmet Law
Louisiana law LSA RS § 32:190 requires all riders and their passengers to wear a helmet while operating a motorcycle. These helmets must:
- Be designed for motorcycle use
- Have a properly secured chin strap
- Have padding, liner, and a visor
- Meet other specifications as specified by the commissioner
Motorcyclists who fail to comply with Louisiana’s helmet law will be fined $50 plus court costs.
Eye Protection Requirements
In addition to Louisiana’s helmet law, operators must wear eye protection, whether that is a shield built into the helmet, or separate safety glasses or goggles. A high windshield on your motorcycle is sufficient to meet this requirement so long as it is approved safety glass or clear plastic. Eyewear may not impede vision, which means that tinted glasses, goggles, or shields can only be worn during daylight hours.
Identifying Unsafe Helmets
Unfortunately, “fake” motorcycle helmets are sometimes marketed to unsuspecting motorcyclists. These helmets do not offer the same protection as those approved by state law.
When selecting a helmet for yourself and your passengers, look for a genuine DOT sticker and a reputable brand. If a helmet appears cheaply made and is missing features like stickers, chin straps, or labels, it may be unsafe.
How Do These Laws Affect My Injury Case?
Compliance with Louisiana helmet and safety gear laws offers protection from serious or fatal injury and can be important to your injury case following an accident. If your injuries were partially caused or worsened by your failure to wear a helmet or proper safety gear, your financial recovery may be impacted.
Louisiana is a fault-based state, meaning the person responsible for a motor vehicle accident is liable for any damages. The state also follows the doctrine of pure comparative negligence, so even if you are partially or mostly to blame for your injuries, you can still recover compensation. Settlements and awards may be reduced based on the percentage of fault assigned to you.
Call a Louisiana Attorney if Helmet and Safety Gear Laws May Affect Your Injury Claim
Whether or not you were wearing a helmet or other safety gear, you deserve financial compensation for your injuries. A fair settlement or verdict may be essential to getting your life back on track.
If you have questions about how helmet and safety gear laws in Louisiana affect your claim, a motorcycle accident attorney at Kopfler and Hermann can assess your case and help you fight for the compensation you deserve. Call us now to secure your free initial consultation.