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Motorcycle Helmet Laws Nationwide

Last Updated March 2010

For some, the joy of riding motorcycles is feeling the wind in your face and the roar (or the hum, wine, or  putter) of the bike beneath you. This desire is balanced against the physical and emotional toll of a motorcycle accident - a statistical potential we all ride with. The chart below provides information on motorcycle helmet laws for each state (useful if you are planning a inter-state ride).

 
State Motorcycles -
Helmet Required?		 Scooters and Low Power Cycles -
Helmet Required?		  
Alabama all riders yes  
Alaska 17 and younger - law covers passengers of all ages, operators younger than 18, and operators with instructional permits. yes  
Arizona 17 and younger some - all low-power cycles with an engine displacement greater than 50cc, brake horsepower greater than 1 1/2, or can attain speeds greater than 25 mph are covered by the motorcycle helmet law  
Arkansas 20 and younger yes  
California all riders yes  
Colorado 17 and younger and passengers 17 and younger yes  
Connecticut 17 and younger yes  
Delaware 18 and younger some - all low-power cycles except motorized scooters are covered by the motorcycle helmet law; bicycle helmet acceptable for motorized scooter  
District of Columbia all riders some - all low-power cycles with an engine displacement greater than 50cc, brake horsepower greater than 1 1/2, or can attain speeds greater than 35 mph are covered by the motorcycle helmet law  
Florida 20 and younger - law requires that all riders younger than 21 years wear helmets, without exception. Those 21 years and older may ride without helmets only if they can show proof that they are covered by a medical insurance policy.   some - all low-power cycles with an engine displacement greater than 50cc, brake horsepower greater than 2, or can attain speeds greater than 30 mph and all low-power cycles operated by those 15 and younger are covered by the motorcycle helmet law  
Georgia all riders some - all low-power cycles are covered by the motorcycle helmet law except bicycle helmets are acceptable for electric assisted bicycles  
Hawaii 17 and younger some - all low-power cycles with an engine displacement greater than 50cc, brake horsepower greater than 2, or can attain speeds greater than 30 mph are covered by the motorcycle helmet law  
Idaho 17 and younger some - all low-power cycles with an engine displacement greater than 50cc, brake horsepower greater than 5, or can attain speeds greater than 30 mph are covered by the motorcycle helmet law  
Illinois no law no law  
Indiana 17 and younger yes  
Iowa no law no law  
Kansas 17 and younger some - all low-power cycles except electric assisted bicycles are covered by the motorcycle helmet law  
Kentucky 20 and younger - law requires that all riders younger than 21 years wear helmets, without exception. Those 21 years and older may ride without helmets only if they can show proof that they are covered by a medical insurance policy. Law also covers operators with instructional/learner's permits. some - all low-power cycles with an engine displacement greater than 50cc, brake horsepower greater than 2, or can attain speeds greater than 30 mph are covered by the motorcycle helmet law  
Louisiana all riders yes  
Maine 17 and younger - covers operators with instructional/learner's permits. Also covers passengers 17 years and younger and passengers if their operators are required to wear a helmet. some - all low-power cycles with an engine displacement greater than 50cc or more than 1,500 watts are covered by the motorcycle helmet law  
Maryland all riders some - all low-power cycles designed to travel at speeds exceeding 35 mph, scooters with with engine displacement greater than 50cc or brake horsepower greater than 2.7 and mopeds with an engine displacement greater than 50cc or brake horsepower greater than 1.5 are covered by the motorcycle helmet law  
Massachusetts all riders yes  
Michigan all riders some - all low-power cycles with an engine displacement greater than 50cc, brake horsepower greater than 2, or can attain speeds greater than 30 mph and all low-power cycles operated by those 18 and younger are covered by the motorcycle helmet law  
Minnesota 17 and younger - law covers operators with instructional/learner's permits. yes  
Mississippi all riders yes  
Missouri all riders some - all low-power cycles with an engine displacement greater than 50cc, brake horsepower greater than 3, or can attain speeds greater than 30 mph are covered by the motorcycle helmet law  
Montana 17 and younger some - all low-power cycles with an engine displacement greater than 50cc, brake horsepower greater than 2, or can attain speeds greater than 30 mph are covered by the motorcycle helmet law  
Nebraska all riders yes  
Nevada all riders some - all low-power cycles with an engine displacement greater than 50cc, brake horsepower greater than 2, or can attain speeds greater than 30 mph are covered by the motorcycle helmet law  
New Hampshire no law no law  
New Jersey all riders yes  
New Mexico 17 and younger some - all low-power cycles with an engine displacement greater than 50cc or can attain speeds greater than 30 mph are covered by the motorcycle helmet law  
New York all riders some - all low-power cycles designed to travel at speeds of 20 mph or greater are covered by the motorcycle helmet law  
North Carolina all riders yes  
North Dakota 17 and younger - law covers all passengers traveling with operators who are covered by the law. yes  
Ohio 17 and younger - law covers all operators during the first year of licensure and all passengers of operators who are covered by the law. yes  
Oklahoma 17 and younger some - all low-power cycles are covered by the motorcycle helmet law except bicycle helmets are acceptable for electric assisted bicycles operated by those 18 and younger  
Oregon all riders yes  
Pennsylvania 20 and younger - law covers all operators during the first two years of licensure unless the operator has completed the safety course approved by Penn DOT or the Motorcycle Safety Foundation. some - all low-power cycles with an engine displacement greater than 50cc, brake horsepower greater than 1 1/2, or can attain speeds greater than 25 mph are covered by the motorcycle helmet law  
Rhode Island 20 and young - law covers all passengers (regardless of age) and all operators during the first year of licensure (regardless of age). some - all low-power cycles with an engine displacement greater than 50cc, brake horsepower greater than 4.9 or can attain speeds greater than 30 mph are covered by the motorcycle helmet law  
South Carolina 20 and younger yes  
South Dakota 17 and younger yes  
Tennessee all riders yes  
Texas 20 and younger - law exempts riders 21 years or older if they can either show proof of successfully completing a motorcycle operator training and safety course or can show proof of having a medical insurance policy. A peace officer may not stop or detain a person who is the operator of or a passenger on a motorcycle for the sole purpose of determining whether the person has successfully completed the motorcycle operator training and safety course or is covered by a health insurance plan. some -all low-power cycles, except motor assisted scooters with an engine displacement less than than 40cc, are covered by the motorcycle helmet law  
Utah 17 and younger yes  
Vermont all riders some - all low-power cycles with an engine displacement greater than 50cc, brake horsepower greater than 2, or can attain speeds greater than 30 mph are covered by the motorcycle helmet law  
Virginia all riders some - all low-power cycles operated at speeds greater than 35 mph or with an engine displacement greater than 50cc are covered by the motorcycle helmet law  
Washington all riders yes  
West Virginia all riders some - all low-power cycles with an engine displacement greater than 50cc, brake horsepower greater than 2, or can attain speeds greater than 30 mph are covered by the motorcycle helmet law  
Wisconsin 17 and younger - laws covers operators with instructional/learner's permits. some -all low-power cycles designed to travel at speeds exceeding 30 mph or a bicycle-type vehicle with an engine displacement greater than 130cc or a Type 1 motorcycle with an automatic transmission with an engine displacement greater than 50cc are covered by the motorcycle helmet law  
Wyoming 17 and younger some - all low-power cycles with an engine displacement greater than 50cc, brake horsepower greater than 2, or can attain speeds greater than 30 mph are covered by the motorcycle helmet law  



Consequences of Not Wearing a Helmet

(1) Physical consequences
Wearing a helmet does not guarantee that one will survive a crash. However:

There were 76,000 motorcycle accident injuries in the U.S. in 2005 and 4,008 fatal accidents.
In 80 percent of motorcycle accidents, the rider or passenger suffers a personal injury.
A rider without a helmet is three times more likely to suffer a traumatic brain injury as a motorcyclist who is wearing a helmet.
The National Highway Traffic Safety Administration, a proponent of universal helmet laws, estimates that 1,387 lives were saved in 2004 because those crash victims were wearing helmets. It also estimates that 670 more lives could have been saved if all riders had worn helmets. Thousands more may have been spared brain injury or spinal injury by wearing protection.

Although the majority of cycle accidents are caused by failure of the driver of the other vehicle, this is small consolation to a motorcyclist who suffers an injury. The case of Pittsburgh Steelers quarterback Ben Roethlisberger is a prime example - he was obeying traffic laws but crashed his bike into a car that failed to yield the right of way when it turned left in front of him (a very common scenario).  He was not wearing a helmet and broke his jaw, facial bones, and several teeth, requiring seven hours of surgery.  The injury nearly ended his NFL career (and his life), and Roethlisberger now says he will wear head protection when he rides.

(2) Legal consequences of not wearing a helmet

In Florida failure to wear a helmet can decrease your compensation if you are injured in an accident.

Victims are not barred from recovering damages if they were not wearing a helmet. The defense could argue that you failed to mitigate your damage (i.e., that helmet use would have prevented or substantially lessoned the injury). Any award may be reduced if the jury concludes that all or part of the damages would have been prevented by the use of a helmet.

For more information about motorcycle laws or your rights if you have been injured in a motorcycle accident in Florida, contact McMillen Law Firm of Orlando.

"I wear a helmet and my passengers wear a helmet. That's my choice. However, I believe that America was built on individual liberty, and I support the right of bikers to choose for themselves."

Scott R. McMillen,
Florida resident, avid motorcyclist, personal injury attorney, and lifetime member of the American Motorcycle Association.

 


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While our firm started in Orlando and its main office is there, for many years we have handled cases throughout Florida, and even out of state.  To serve you better we have opened additional satellite offices in several major Florida cities.   We use these offices to conduct client interviews, take depositions, and as war rooms when we have trials in these cities.  When advantageous to you, we will also associate with other lawyers and law firms in some areas of the state to serve you better.  If we do associate with other lawyers on your case it will be at no additional attorney fee or expense to you. 

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