Motorcycle Helmet Laws

Motorcyclists face an increased risk of injury than others involved in auto accidents. According to the National Highway Traffic Safety Administration (NHTSA), 84,000 motorcyclists were injured in 2019, up 2% from 2018. Motorcycle crashes are often quite severe compared to other motor vehicle crashes. Per vehicle miles traveled, motorcycle accidents were 29 times more likely to result in fatalities than passenger car accidents.

Head injury is the leading cause of death in motorcycle accidents, and helmet use is the single best way to improve motorcycle safety. According to the NHTSA, helmets reduce the risk of fatality in a motorcycle crash by 37%. Motorcycle riders who do not wear helmets are three times more likely to suffer a brain injury in a crash than helmeted riders.

Motorcycle helmet laws vary by state. If you were involved in a motorcycle accident, consider speaking with an experienced motorcycle accident attorney today to receive legal advice about your specific circumstances.

What States Have Motorcycle Helmet Laws?

All but three U.S. states have mandatory helmet laws for at least some motorcycle riders. According to the U.S. Department of Transportation (DOT), mandatory helmet laws:

• Save lives and reduce head injuries in motorcycle crashes
• Promote increased helmet use
• Reduce the costs to society resulting from motorcycle crash injuries and fatalities

According to NHTSA, in states with universal helmet laws (like California), 9% of those killed in motorcycle crashes in 2019 were not wearing helmets. Meanwhile, 57% of motorcyclists killed in states without helmet requirements were not wearing a helmet.

Over time, many states have added or repealed mandatory helmet laws. Starting in 1967, the DOT put pressure on states to pass universal helmet laws by offering them federal funding for highways and safety programs if they did so. But in 1976, Congress ended this policy. Today, some states require safety helmets for all riders, and a few states do not require helmet use at all. Other states have helmet laws that do not apply to motorcycle riders above a certain age limit or those who ride mopeds and other less powerful motorized bikes. Missouri, for example, used to have a universal helmet law for all riders. The state’s law changed in 2020, removing the helmet requirement for riders 26 and older and for all riders of motorized bicycles.

The following 18 jurisdictions require a DOT-approved helmet for all motorcyclists:

• Alabama
• California
• District of Columbia
• Georgia (mopeds exempted)
• Louisiana
• Maryland
• Massachusetts
• Mississippi
• Nebraska
• Nevada
• New Jersey
• New York (except Class C limited-use motorcycles)
• North Carolina
• Oregon
• Tennessee
• Vermont (except motor-driven bicycles)
• Virginia
• Washington
• West Virginia

Many states require helmets for younger riders. Eighteen states require motorcyclists 17 years old and younger to wear helmets:

• Alaska
• Arizona (except mopeds)
• Colorado
• Connecticut
• Hawaii
• Idaho (except mopeds)
• Indiana
• Kansas
• Maine (except motorized bicycles)
• Minnesota
• Montana (except mopeds)
• New Mexico
• North Dakota
• Ohio
• Oklahoma (except motor-driven cycles)
• South Dakota
• Wisconsin (except mopeds)
• Wyoming.

Delaware requires helmet use for motorcyclists under 18 years old (except mopeds). Meanwhile, nine states have a mandatory helmet requirement for riders 20 years old and younger:

• Arkansas
• Florida (except mopeds)
• Kentucky (except mopeds)
• Michigan (except mopeds)
• Pennsylvania
• Rhode Island
• South Carolina (except motorcycle three-wheel vehicles)
• Texas
• Utah

Missouri requires helmet use for all riders 25 years old and younger (except motorized bicycles). Illinois, Iowa, and New Hampshire are the only U.S. states with no mandatory helmet laws for any riders.

Do You Have To Wear a Helmet on a Motorcycle?

Some states that only require helmet use for younger riders still require older riders to wear a helmet in certain circumstances. For example, in Florida, motorcycle riders older than 21 must provide proof of medical insurance if they ride without a helmet. In Texas, motorcycle riders older than 21 must show proof of:

• Successful completion of a motorcycle safety course, or
• Proof of coverage by a medical insurance policy to ride without a helmet.

Some other states require motorcycle operators with instructional permits to wear helmets, require motorcyclists to carry a helmet with them, or require motorcycle passengers to wear protective headgear.

Is it Illegal To Ride a Motorcycle Without a Helmet?

Motorcyclists who do not wear helmets in states with mandatory helmet laws face penalties that vary from state to state, but they can include large fines and even criminal charges.

Failure to wear a helmet could be seen as similarly negligent to speeding or driving recklessly. A showing of negligence could affect an injured motorcyclist’s ability to collect the full financial compensation they would otherwise be entitled to in a personal injury lawsuit. Failure to wear a helmet could also result in greater injury to the motorcyclist, increasing the stakes in a lawsuit against another driver.

The effect of motorcycle helmet laws on a motorcycle accident lawsuit is complex and varies by state. If you are involved in a motorcycle accident, consult a motorcycle accident attorney to get advice about your specific situation.