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Helmet Laws Nationwide

Motorcycle Helmet Laws For 50 States*

For some, the joy of riding motorcycles is feeling the wind in your face and the roar (or the wine, or even 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 U.S. map below provides information on motorcycle helmet laws for each state (useful if you are planning a inter-state ride).

Left click once on the map and then move cursor across states.  If you cannot see the map you may have to click "allow blocked content" on your browser screen to run the java app.

 

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Alaska: Helmet required for passengers of all ages, operators age 17 and under, and operators with instructional permits.
Hawaii: Helmet required for riders age 17 and under.
District of Columbia: Helmet required.

*Laws current as of June 2006.

Click here to read the specific wording of the Florida 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

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 mitigated 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.


The McMillen Law Firm represents motorcycle accident victims throughout Florida, including Orlando, Tampa, Jacksonville, Ft. Lauderdale, Bradenton, Clearwater, Daytona Beach, Fort Myers, Fort Pierce, Kissimmee, Melbourne, Miami, Naples, Panama City, Pensacola, Sarasota, St. Augustine, St. Petersburg, Sebring, Tallahassee, Vero Beach, and West Palm Beach, and the counties of Bay, Brevard, Broward, Collier, Dade, Duval, Escambia, Highlands, Hillsborough, Indian River, Lee, Leon, Manatee, Martin, Miami, Orange, Osceola, Palm Beach, Pinellas, Polk, St. John’s, St. Lucie, Sarasota, Stuart, and Volusia.
 


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 This site contains only general background information and is not intended to constitute specific legal advice or establish an attorney/client relationship.  Motorcycle laws vary from state to state and are constantly changing.   If you think you may have a motorcycle accident claim you should promptly contact a lawyer in your state with experience in handling motorcycle cases.

Copyright 2006-2008 -  McMillen Law Firm * A Professional Association
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