Motorcycle Helmet Laws By State (May 2025)
What are motorcycle helmet laws by state? Quick Answer
- Motorcycle helmet laws differ by state, with some requiring universal use and others limiting requirements to younger riders or specific situations. Only three states have no helmet laws at all. Whether you wear a helmet can also affect your legal claims in an accident.
Summary
- Helmet laws vary widely by state, with different age and rider requirements
- Only 17 states and DC require universal helmet use
- Helmet use impacts accident claims, especially in contributory negligence states
Unlike vehicle occupants in car accidents, motorcyclists have no passenger compartment to protect them in a crash. Operators and passengers reduce their risk of head injury in motorcycle accidents by up to 69% when they wear helmets. As a result, helmeted riders are less likely to suffer death or incapacitating injuries.
Motorcycle crashes are among the most dangerous types of accidents, with riders facing significantly higher risks of serious injury or death compared to car occupants. Despite these dangers, helmet laws have sparked debates about individual freedom versus public safety. Understanding these laws can help motorcyclists ride responsibly and navigate their legal rights more effectively.
However, states question whether the government can require riders to wear helmets or if the risks and responsibilities of helmetless riding should fall on motorcyclists. This philosophy has won over legislatures in most states. As a result, motorcyclists will find wide variation in motorcycle helmet laws by state.
Free Motorcycle Accident Case Review
Preparing Case Review Form. ConsumerShield is transforming the way consumers experience law.
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 as of April 2025.
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.
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:
State | State |
---|---|
Alabama | New Jersey |
California | New York |
District of Columbia | North Carolina |
Georgia | Oregon |
Louisiana | Tennessee |
Maryland | Vermont |
Massachusetts | Virginia |
Mississippi | Washington |
Nevada | 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.
Which States Have Limited Motorcycle Helmet Laws?
A limited motorcycle helmet law restricts the requirement to an age group or certain circumstances. For example, a state may require helmet usage by all passengers and riders under 18.
The states that place an age requirement include:
State | Helmet Required For | State | Helmet Required For |
---|---|---|---|
Alaska | 17 and younger | Missouri | 25 and younger |
Arizona | 17 and younger | Montana | 17 and younger |
Arkansas | 20 and younger | Nebraska | 20 and younger |
Colorado | 17 and younger (incl. passengers) | New Mexico | 17 and younger |
Connecticut | 17 and younger | North Dakota | 17 and younger |
Delaware | 18 and younger + novice riders | Ohio | 17 and younger |
Florida | 20 and younger | Oklahoma | 17 and younger |
Hawaii | 17 and younger | Pennsylvania | 20 and younger |
Idaho | 17 and younger | Rhode Island | 20 and younger |
Indiana | 17 and younger | South Carolina | 20 and younger |
Kansas | 17 and younger | South Dakota | 17 and younger |
Kentucky | 20 and younger | Texas | 20 and younger |
Maine | 17 and younger | Utah | 20 and younger |
Michigan | 20 and younger | Wisconsin | 17 and younger |
Minnesota | 17 and younger | Wyoming | 17 and younger |
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:
State | Additional Rules When Helmets Required |
---|---|
Alaska | Helmets also required for all passengers and anyone with an instructional permit. |
Delaware | Riders 19+ must carry an approved helmet even if not required to wear it. |
Florida | Riders 21+ may ride without a helmet only if they have medical insurance. |
Kentucky | Riders with instructional/learner’s permits must wear helmets, regardless of age. |
Maine | Helmet required for first-year license holders, all passengers under 18, and those riding with a helmet-required operator. |
Michigan | Riders 21+ may go without helmets only with extra insurance and either safety training or 2+ years of endorsement; passengers must meet same rules. |
Minnesota | Riders with instructional/learner’s permits must wear helmets. |
Missouri | Riders 26+ may ride without helmets if they have proof of financial responsibility. Permit holders must always wear helmets. No stops solely to check for compliance. |
Nebraska | Riders 21+ may ride without helmets only if they complete a safety course and submit proof to the DMV. |
North Dakota | Passengers must wear helmets if the operator is legally required to wear one. |
Ohio | Helmet required for first-year riders and their passengers, regardless of age. |
Pennsylvania | Helmet required for first two years unless the rider completes a PennDOT- or MSF-approved course. |
Rhode Island | All passengers and riders in their first year of licensure must wear helmets. |
Texas | Riders 21+ may go without a helmet if they complete a safety course or carry insurance. Police may not stop solely to check for compliance. |
Wisconsin | Helmets required for riders with instructional/learner’s permits, regardless of age. |
Other states limit their helmet laws by vehicle type. They include:
State | Helmet Not Required For |
---|---|
Arizona | Mopeds (≤50 cc, ≤1.5 hp, ≤25 mph) |
Delaware | Mopeds (pedal/non-pedal, <55 cc or 751–2000 watts), if rider is 17 or older |
Florida | Mopeds (≤50 cc, ≤2 hp, ≤30 mph), if rider is 16 or older |
Georgia | Mopeds (≤50 cc, ≤2 hp, ≤30 mph) |
Idaho | Mopeds (≤50 cc, <2 hp, ≤30 mph) |
Kentucky | Mopeds (≤50 cc, ≤2 hp, ≤30 mph) |
Maine | Motorized bicycles (≤1.5 hp, ≤25 mph, may have pedals) |
Michigan | Mopeds (≤50 cc, ≤30 mph), if rider is 19 or older |
Missouri | Motorized bicycles (≤50 cc, <3 hp, ≤30 mph) |
Montana | Mopeds (<2 hp, ≤30 mph unassisted) |
New Mexico | Mopeds (<50 cc, ≤30 mph) |
New York | Class C limited-use motorcycles (≤20 mph) |
Oklahoma | Mopeds (≤50 cc, ≤2 hp, ≤30 mph) and motor-driven cycles (>35 cc but <150 cc or >1000W electric motor) |
South Carolina | Motorcycle three-wheel vehicles (with sidecars, saddle seat, handlebars or motorcycle-type steering) |
Vermont | Motor-driven cycles (≤50 cc, ≤2 hp, ≤30 mph) |
Wisconsin | Mopeds (≤130 cc, ≤30 mph, with pedals) |
Wyoming | Mopeds (≤50 cc, ≤2 hp, ≤30 mph) |
Free Motorcycle Accident Case Review
Preparing Case Review Form. ConsumerShield is transforming the way consumers experience law.
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.
Free Motorcycle Accident Case Review
Preparing Case Review Form. ConsumerShield is transforming the way consumers experience law.
Motorcycle Accident Knowledge Base
Read the latest information on Motorcycle Accident and find answers to your questions. Currently there are 26 topics about Motorcycle Accident Claims.
-
Lawyer San Jose
-
Lawyer San Francisco
Motorcycle Accident Lawyers in San Francisco | ConsumerShield
-
Lawyers Los Angeles
-
Lawyer San Diego
-
Lawyer Houston
Motorcycle Accident Lawyers in Houston | ConsumerShield 2025
-
Motorcycle Lawyer Dallas
-
Lawyer Atlanta
-
Lawyer Myrtle Beach
Motorcycle Accident Lawyers in Myrtle Beach | ConsumerShield
-
Lawyer Colorado
-
Motorcycle Lawyer Boston
-
Lawyer Phoenix
Motorcycle Accident Lawyers in Phoenix | ConsumerShield 2025
-
Chicago Lawyer
Motorcycle Accident Lawyers in Chicago | ConsumerShield 2025
-
Lawyer Columbus
-
Helmet Laws
-
Lane Splitting
-
Motorcycle Accident
-
Lawyer Las Vegas
-
Lawyer Philadelphia
Motorcycle Accident Lawyers in Philadelphia | ConsumerShield
Frequently Asked Questions
-
In total, 47 states and Washington, D.C., have motorcycle helmet laws. Of these states, 17 and Washington, D.C., have universal helmet laws that require all riders to wear them regardless of age.
-
There are 30 states that only require some riders to wear helmets. The most common helmet requirement involves the rider’s age. Some states also base requirements on health insurance coverage. The most common age restriction requires riders 17 or younger to wear helmets — 18 states use this age cutoff.
-
Three states allow all riders to ride motorcycles without helmets. New Hampshire has never had a motorcycle helmet law. Iowa and Illinois had motorcycle helmet laws before repealing them.