Motorcycle Helmets, Are They Really Necessary?

Written by™ on behalf of Michael E. Greenspan with Greenspan & Greenspan.

Motorcycle Helmets, Are They Really Necessary?

Every motorcyclist knows the incredible and exhilarating feeling you get from riding out on the open road on a gorgeous day. USA Today has reported that there are 8.5 million registered motorcyclists out there across America, and around 14% are women. Riding is fun, it is empowering, and it much easier on the pocketbook when it comes to gas. With that said, motorcycling is also extremely dangerous, especially while riding on major highways or in inclement weather.

So many dangerous accidents happen suddenly to even the best riders, and the most common serious injury for motorcyclists is the head injury. For this reason, between 1967- 1976 the federal Department of Transportation ticketed riders in every state if they didn’t wear a helmet. Since then, every state has its own laws for motorcycling.

States that DON’T require a helmet at any age:

  • New Hampshire
  • Iowa
  • Illinois

States that follow universal helmet laws for every age

(requiring helmets for all riders- BOTH operators and passengers):

  • Alabama
  • California
  • Georgia
  • Louisiana
  • Maryland
  • Massachusetts
  • Mississippi
  • Missouri
  • Nebraska
  • Nevada
  • New Jersey
  • New York
  • North Carolina
  • Oregon
  • Tennessee
  • Vermont
  • Virginia
  • Washington
  • Washington, D.C.

All Remaining States

Remaining states require a helmet up to a certain age. Some states only require a helmet before 18 years of age. Others require riders to be over 21. Unlike these other states, Colorado requires a helmet for both the rider and passenger.

The Truth Is, Everyone Should Wear a Helmet.

Helmets are important and choosing to go without one not only leads to a potentially worse injury, but it can also harm your case should you have to file a personal injury claim. You could be charged with negligence, causing the court to determine you are the one at fault for your injuries. You would have to pay your own damages.

Do I Have to Get a Certain Type of Helmet?

Although not every state requires helmets approved by the Department of Transportation, you might as well make a point to get one. Not only is it safer, but it is the only helmet that is going to be respected in court in a legal battle for compensation to cover your injuries. You should be able to find a DOT-approved helmet that can not only fit your style, but also protect you from a fatal accident.

Have Questions?

Were you in an accident and need some help knowing what to do from here?  Maybe you are even more concerned because you weren’t wearing a helmet. Maybe you weren’t wearing a DOT-approved helmet. Maybe you are concerned about how to fight for your loved one who has been severely injured or even killed in an accident. It is worth your while to call and discuss your legal options with a qualified motorcycle accident attorney. Reach out today.

Written by AskTheLawyers on behalf of Michael Greenspan.



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