Is Wearing a Helmet Required Under US Law?

If you love riding your motorcycle, you have probably heard many times that helmets save lives. You also know that riding without a helmet is extremely dangerous. And these are not unproven tales. As a matter of fact, if you are in a motorcycle accident and you are not wearing a helmet, you are at a much higher risk of losing your life. The other side of this coin points to the fact that wearing a helmet reduces the odds of suffering a head injury by more than half. Despite these facts, wearing a helmet is not necessarily a law in every state.

As a matter of fact, only 19 states have universal helmet laws making it mandatory for all motorcycle riders to wear helmets. In these cases, the helmets must be DOT-approved. States that do not mandate the use of helmets do hold that you must be over 21 to ride without one.

Helmets and Insurance Claims

Despite what the law says, if you are involved in an accident while riding your motorcycle and are not wearing a helmet, the insurance company may put the blame on you for failing to wear one, and this holds even in cases where the rider did not contribute to the collision. You may find that the insurance company puts 50% of the blame on you for an accident in which you were obeying all traffic laws, simply due to the absence of a helmet. This will translate into your compensation for medical expenses and lost wages being reduced by the same percentage.

What are the state's arguments against the use of helmets?

It may happen that you are driving around when you see a motorcycle rider speed by you without a helmet. Even though this may seem like completely irresponsible behavior, you are probably mistaken since states hold that you are less likely to suffer serious head trauma while on your bike than when you are just walking around or when you are riding a car.

To support this theory, studies have been conducted that, surprisingly, prove that both pedestrians ad people driving cars are more likely to suffer a head injury than motorcycle riders.

Why do some people refuse to wear a helmet?

When asked about helmets, many motorcycle riders confess to having their own reasons for not wearing one. Some consider helmets to be extremely uncomfortable. Others detest the way their hair gets squished down and claim that they never know how they are going to end up looking once they reach their destinations. Others argue that instead of helping them, helmets actually block their ability to see what is around them or that they do not feel "cool" when wearing a helmet. Of course, there are also those who simply have not even given a thought to the idea of wearing a helmet.

Have you suffered an injury while riding a motorcycle?

If you have been injured in an accident while riding your motorcycle, whether you were wearing a helmet or not, lawyer Minc recommends you set up an initial consultation with a motorcycle accident lawyer to talk about your case. Your lawyer will listen to your story and recommend the best legal way to proceed in order for you to recover damages for your injuries.