Riding a motorcycle is a fun and exciting way to travel and experience the scenery around you. However, motorcycle riding can also be an inherently dangerous activity. The fatality rate for motorcyclists in the state is significantly higher than those for people riding in traditional motor vehicles. Because of this fact, bikers must be proactive in taking certain safety precautions and following the laws set in place to keep them safe. This includes wearing a helmet.
Olive Branch motorcycle helmet laws exist to protect travelers. In addition, compliance with these rules helps negate any allegation from another driver that you accept a portion of the blame for your injuries following an accident. For more clarity on these regulations and how they affect your right to pursue recovery for your losses after a crash, reach out to the Law Offices of David E. Gordon to speak with an experienced motorcycle accident attorney.
Laws Regarding Motorcycle Helmet Use
The law in Olive Branch demands that all riders on motorcycles use a helmet that meets the minimum standards under the National Highway Traffic Safety Administration (NHTSA). This applies to both the drivers of motorcycles and their passengers and other forms of motorized transportation, including VESPAs, motorized scooters, and mopeds. The NHTSA provides information on choosing an approved helmet on its website, including ensuring that the selected helmet has the Department of Transportation (DOT) approved symbol on the outside back.
It is important to note that penalties are also associated with leaving behind this vital piece of safety gear. Mississippi Code Annotated § 63-7-64 states that failure to wear a motorcycle helmet may lead to a misdemeanor charge. Convictions carry a fine of up to $100 and the potential for no more than ten days in jail. Penalties can also increase with multiple offenses.
Comparative Negligence Rules
Even if bikers on Olive Branch roads wear a helmet as required by law and take other measures to protect themselves, they are still likely to endure severe injuries in collisions with other vehicles. This is partly due to the size differences between motorbikes and cars, trucks, SUVs, or other standard motor vehicles, as well as the lack of outside protection motorcycles have in comparison to them.
However, this does not change the fact that other riders have an obligation to protect bikers in the same manner as they do all other travelers. This means that an injured motorcyclist has the same ability to demand compensation for their losses following a crash as any other person.
Even so, at-fault drivers and their insurance companies will often argue that a rider’s failure to wear a helmet means that they negligently contributed to their own injuries in an attempt to avoid liability. Thankfully, courts have consistently rejected this argument. While a biker’s lack of a helmet may limit the compensation they may demand for their losses, it cannot serve as a basis for a driver to avoid all responsibility. Dedicated attorney David E. Gordon can provide more information about the concept of shared fault and how it applies to injury claims.
Contact Us for Information About Olive Branch Motorcycle Helmet Laws
All bikers and their passengers anywhere in Mississippi must wear a helmet while riding a motorcycle. This law applies regardless of age or ability, and failing to do so may lead to serious consequences.
A rider’s lack of a helmet may also impact a demand for compensation following a crash. Reach out to the Law Office of David E. Gordon today to schedule a free consultation to learn more about Olive Branch motorcycle helmet laws and how they can affect your specific circumstances.