For many, motorcycles are more than a hobby. They are a way to get around, escape after a long day, and enjoy the beauty of the outdoors. Yet, because of their size and lack of protection, the outcome can be devastating when these bikes are involved in an accident. Consequently, many studies and organizations indicate that motorcyclists need to wear a helmet when they hit that open road.
However, not only are many riders opposed to this protective headgear, but there are also states that do not require motorcyclists to wear helmets when operating their motorcycles.
That is why to better help you understand these helmet issues and the laws surrounding them, in the below guide, we will go over everything you should know about motorcycle helmet laws, the views surrounding them, and what you can do if you suffer harm in a motorcycle accident because of another person’s wrongful actions, whether you wore a helmet or not.
Why Are Helmets Important?
Helmets can help prevent head trauma, which in a motorcycle accident can be catastrophic. A traumatic brain injury, for instance, can result in severe physical complications, a loss of cognitive function, and even severe emotional and behavioral changes. Worse yet, for many, these effects are irreversible.
For these reasons, motorcycle helmets are critical when riding since they can cushion the head and reduce the risk of injury and death. Plus, with their unique design, they provide the rider with the ability to operate their bike without any hindrance. They can also keep the sun and wind off a rider’s face when they are traveling, meaning that the helmet can also help the rider’s hearing and vision, making it easier for them to focus and see when they are on the roads.
However, most importantly, helmets save lives.
According to the Centers for Disease Control and Prevention (CDC):
- Over 1,800 lives are saved every year because of a helmet.
- Almost 750 lives could have been saved in just one year if motorcyclists had worn their helmets.
- Motorcycle helmets are 37 percent more effective in preventing deaths for riders and 41 percent more effective in preventing death for passengers.
- Helmets can reduce the risk of head trauma by 69 percent.
In addition, today, these helmets are well-ventilated, lightweight, and have lots of padding, meaning that they are not only incredibly comfortable, but with the many different types of helmets available, there are countless options to choose from.
Most Common Injuries Following a Motorcycle Accident
Although motorcycle accidents frequently damage the lower extremities, the head and chest area also tend to experience significant trauma. In fact, according to the National Highway Traffic Safety Administration (NHTSA), while leg bone fractures tend to occur most frequently following a motorcyclist collision, the study finds that head, chest, and abdominal injuries were the most severe.
Sadly, these are not the only injuries that can result from these horrific crashes.
Outside of bone fractures in the leg and head and chest injuries, the following types of injuries are also common following a motorcycle accident:
- Traumatic brain injuries
- Spinal cord injuries
- Severe lacerations
- Facial disfigurement
- Broken ribs
- Amputated limbs
- Internal bleeding
- Organ damage
- Road rash
- Crushing injuries
- Death
Fortunately, one of the few measures a motorcyclist can take to prevent some of these devastating injuries is to wear a helmet. As previously mentioned, wearing a helmet can not only reduce the risk of a rider experiencing head trauma by 69 percent, but it can also reduce fatalities by 37 percent.
States Not Requiring a Motorcycle Helmet
In 1967, the federal government required states to implement universal motorcycle helmet laws if they wanted to qualify for specific types of highway safety funds. By 1975, all but three states complied with this requirement. However, in 1976, Congress revoked the authority to give out penalties for non-compliance, resulting in the states tweaking their laws regarding motorcycle helmet use. Specifically, many of these states kept the law but had it only apply to novice and young riders.
Today, while most states have some type of helmet law detailing helmet use when riding, three states do not require a helmet at all when operating a motorcycle.
These states include:
- Illinois
- Iowa
- New Hampshire
Helmet Laws According to the State
As a motorcyclist, it is important to understand the different helmet laws, especially in the state where you ride your bike.
To help you with these rules, below is a list of all the states and their specific helmet laws.
- Alabama: All motorcyclists must wear a helmet.
- Alaska: Motorcyclists that are 17 years old and younger have to wear a helmet. This law covers passengers of all ages, operators younger than 18 years, and operators with instructional permits.
- Arizona: Motorcyclists 17 years old and younger have to wear a helmet.
- Arkansas: Motorcyclists 20 years old and younger have to wear helmets when riding.
- California: All motorcyclists, regardless of age, have to wear a helmet.
- Colorado: Motorcyclists and passengers 17 years old and younger have to wear a helmet.
- Connecticut: Motorcyclists aged 17 years old and younger have to wear a helmet.
- Delaware: Motorcyclists 18 years and younger have to wear a helmet, and every operator or rider 19 years and older have to carry an approved helmet.
- District of Columbia: All motorcyclists must wear a helmet.
- Florida: Motorcyclists 20 years and younger must wear a helmet. However, those 21 years and older may only ride without a helmet if they can show proof of coverage by a medical insurance policy.
- Georgia: All motorcyclists must wear a helmet.
- Hawaii: Motorcyclists 17 years and younger have to wear a helmet.
- Idaho: Motorcyclists 17 years and younger must wear a helmet.
- Illinois: No laws regarding helmets
- Indiana: Motorcyclists 17 years and younger must wear a helmet.
- Iowa: No laws regarding helmet use.
- Kansas: Motorcyclists 17 years and younger have to wear a helmet.
- Kentucky: Motorcyclists 20 years and younger must wear a helmet.
- Louisiana: All motorcyclists must wear a helmet.
- Maine: Motorcyclists 17 years and younger have to wear a helmet.
- Maryland: All motorcyclists have to wear a helmet.
- Massachusetts: All motorcyclists have to wear a helmet.
- Michigan: Motorcyclists 20 years and younger have to wear a helmet. However, motorcyclists 21 years and older do not have to wear a helmet if they carry additional insurance and have passed a motorcycle safety course or have had a motorcycle endorsement for at least two years.
- Minnesota: Motorcyclists 17 years and younger have to wear a helmet.
- Mississippi: All motorcyclists have to wear a helmet.
- Missouri: Motorcyclists 25 years and younger have to wear a helmet. However, riders who are 26 years and older may go without a helmet if they maintain proof of financial responsibility.
- Montana: Motorcyclists 17 years and younger have to wear a helmet.
- Nebraska: All motorcyclists have to wear a helmet.
- Nevada: All motorcyclists have to wear a helmet.
- New Hampshire: No laws regarding helmet usage.
- New Jersey: All motorcyclists have to wear a helmet.
- New Mexico: Motorcyclists 17 years and younger have to wear a helmet.
- New York: All motorcyclists have to wear a helmet.
- North Carolina: All motorcyclists have to wear a helmet.
- North Dakota: Motorcyclists 17 years and younger have to wear a helmet.
- Ohio: Motorcyclists 17 years and younger have to wear a helmet.
- Oklahoma: Motorcyclists 17 years and younger have to wear a helmet.
- Oregon: All motorcyclists have to wear a helmet.
- Pennsylvania: Motorcyclists 20 years and younger have to wear a helmet.
- Rhode Island: Motorcyclists 20 years and younger have to wear a helmet.
- South Carolina: Motorcyclists 20 years and younger have to wear a helmet.
- South Dakota: All motorcyclists 17 years and younger have to wear a helmet.
- Tennessee: All motorcyclists have to wear a helmet.
- Texas: Motorcyclists 20 years and younger have to wear a helmet. However, you are exempt from wearing a helmet if you are a motorcycle rider over the age of 21 and have successfully completed the motorcycle education course or have proof of medical insurance.
- Utah: Motorcyclists 20 years and younger have to wear a helmet.
- Vermont: All motorcyclists have to wear a helmet.
- Virginia: All motorcyclists have to wear a helmet.
- Washington: All motorcyclists have to wear a helmet.
- West Virginia: All motorcyclists have to wear a helmet.
- Wisconsin: Motorcyclists 17 years and younger have to wear a helmet.
- Wyoming: Motorcyclists 17 years and younger have to wear a helmet.
In addition, depending on the state you ride in, there can be further regulations in place regarding the type of helmet that is allowed and whether eye gear or other protective equipment must also be worn while riding.
Making Sure That Motorcycle Helmets Fit
While there is no concussion-proof helmet, a proper helmet can protect individuals from severe brain and head injuries. However, before you buy just any helmet, these helmets should be age-appropriate, well-taken care of, worn correctly, and appropriately certified for use.
In addition, when it comes to the specific helmet fit, these helmets should:
- Sit flat on the head, making sure that it is level and it is not tilted forward or back.
- Have the front of the helmet sitting low, around two finger widths above your eyebrows.
- Have straps on either side of the head that form a letter “Y” over the ears, with one strap in front of the ear and one behind, just below the earlobes.
- Have a chinstrap that buckles securely at the throat so that the helmet is snug on the head and does not move side to side or up and down.
For further information about proper motorcycle helmet fit, check out the following guidelines at the National Highway Traffic Safety Administration.
Why Do Riders Not Want to Wear a Helmet?
Even with all the significant life-saving benefits that helmets can provide riders, especially when it comes to protecting them in a motorcycle accident, some motorcyclists continue to refuse to wear a helmet or decide to skip it when riding in a state that does not require it.
And while the reasons for not wearing this helmet vary, some of the more frequent explanations of why motorcyclists prefer not to wear a helmet include:
- The helmet is too heavy
- The helmet results in too much heat getting trapped
- The rider feels like they are suffocating in the helmet
- Physical discomfort (neck pain, head pain)
- Riders feel that if they have to wear a helmet, it is an infringement on their personal rights and freedoms
Injured in a Motorcycle Accident? Contact an Experienced Motorcycle Accident Attorney Today
Motorcycle Accident Lawyer, Andrew Finkelstein
Although helmets can protect motorcyclists and passengers from devastating head trauma following a motorcycle accident, sometimes, even with these helmets, not every injury can be prevented. That is why if you suffered harm in a motorcycle accident due to another person’s negligent, intentional, or reckless actions, you should consider reaching out to an experienced motorcycle accident attorney as soon as possible.
Once hired, these lawyers can not only go over the facts of the motorcycle crash with you in detail, but they can also figure out if you have a valid legal claim and the legal options you can pursue.
These legal professionals can also:
- Provide you with the legal guidance and support you require during this stressful time.
- Investigate the incident and obtain the evidence required to show what happened and who was at fault.
- Bring in experts to substantiate your legal case.
- Handle the settlement negotiations and go after a fair settlement offer.
- Fight for every last dollar you deserve by taking your case to trial if the other side is unwilling to provide you with a just settlement offer.
If you sustained harm or losses in a motorcycle accident due to another person’s wrongful actions, contact an experienced personal injury lawyer today for a free case evaluation and find out how these attorneys can help you seek the financial damages you need.