Motorcycle Helmet Laws by State: Which Don’t Require? (2025)

Origin of Motorcycle Helmet Laws

In 1966, Congress passed the Highway Safety Act (HSA) to address highway road deaths. The law required states to pass numerous safety laws, including motorcycle helmet laws. States that did not enact the laws would lose federal highway funding.

By 1975, 47 states and the District of Columbia had passed helmet laws. However, mandatory helmet laws were unpopular with motorcyclists, and the American Motorcycle Association (AMA) played a significant role in repealing these laws.

Motorcyclists took the matter to court, arguing that helmets were a personal choice that the government should not regulate. This argument was unsuccessful, as courts concluded that these safety matters fell under appropriate state policing power.

After some pressure, Congress removed the highway funding incentive in 1976. States persuaded by the personal choice arguments started repealing their helmet laws. By 1980, only 19 states and the District of Columbia had helmet laws.

States with Motorcycle Helmet Laws

Motorcycle helmets reduce motorcycle deaths, and helmet laws play a role. When Texas repealed its universal helmet law, helmet use dropped 30%, while fatalities jumped by 21%.

However, state helmet laws still vary in scope. Here is an overview of current state helmet laws.

Which States Can You Ride a Motorcycle Without a Helmet?

Only three states allow helmetless riders. Police cannot cite operators or passengers in the following states for riding without a helmet:

• Illinois
• Iowa
• New Hampshire

Illinois and Iowa had universal helmet laws but repealed them in 1970 and 1976. New Hampshire, following its state motto of “live free or die,” has never had a motorcycle helmet law.

Which States Have Limited Motorcycle Helmet Laws?

A limited motorcycle helmet law restricts the requirement to an age group or circumstances. For example, a state may require helmet usage by all passengers and riders under 18.

The states that place an age requirement include:

While these states may have reached a fair compromise between safety and freedom, these laws are often unenforceable. Officers cannot determine a rider's age from afar, so they may choose to save their time pulling over helmetless riders.

It's worth noting that helmet requirements may differ for passengers. In many states, young riders and passengers are held to the same standards, but passengers may face additional restrictions if the operator is a novice or unlicensed. Riders should check their state-specific rules to ensure compliance for themselves and anyone riding with them.

Other limited helmet laws do not depend on age. These include:

Other states limit their helmet laws by vehicle type. They include:

What States Require Motorcycle Helmets for Everyone?

Only 17 states and Washington, D.C., have universal helmet laws, meaning everyone must wear one regardless of age. They include:

• Alabama
• California
• District of Columbia
• Georgia
• Louisiana
• Maryland
• Massachusetts
• Mississippi
• Nevada
• New Jersey
• New York
• North Carolina
• Oregon
• Tennessee
• Vermont
• Virginia
• Washington
• West Virginia

There may be exceptions to these laws based on vehicle type. However, those are limited to smaller, slower-moving vehicles. If you ride a fully-powered motorcycle, expect to wear a helmet on all public roads in these states.

How Helmet Use Affects Motorcycle Accident Claims

Riders who fail to wear helmets risk severe or fatal injuries. A reasonable motorcyclist knows these risks. Unfortunately, drivers involved in motorcycle crashes may argue helmetless riders bear the fault for their head injuries, even if they are at fault.

Helmet use doesn't just affect safety—it can also influence the outcome of insurance claims and lawsuits. In states with comparative negligence, wearing a helmet may help mitigate arguments from at-fault drivers attempting to shift blame for injuries. Conversely, failing to wear a helmet may reduce the compensation a rider can receive, even if the other driver was primarily at fault.

Personal injury law depends on a victim avoiding negligence. Some states hold a victim’s negligence, even if it's minimal, against them.

A few states use a contributory negligence standard. Under this legal principle, any negligence by the victim bars all injury compensation. A motorcyclist recovers nothing even if they bear only 1% of the fault and the other driver bears 99%.

Most states use “comparative negligence.” This legal theory is more forgiving of riders who choose not to wear helmets. Rather than barring all compensation, the law reduces their compensation in proportion to the rider’s share of the fault. So, a motorcycle rider who bears 22% of the fault will be compensated for 78% of the losses.

Learn More From ConsumerShield

If you seek a motorcycle accident settlement, you will likely have the best luck with a personal injury attorney with extensive experience with motorcycles and riders. Whether you were injured while riding helmetless or suspect your helmet was defective when it failed to protect you, ConsumerShield can help you find a lawyer.