Pennsylvania Helmet Laws for Motorcycles and Bicycles

Riding a motorcycle or bicycle offers a sense of freedom, but safety should always be a priority. Pennsylvania has specific helmet laws designed to protect riders and reduce the risk of serious head injuries in accidents. Understanding these laws is crucial whether you’re a motorcyclist or a bicyclist. Here’s what you need to know about Pennsylvania’s helmet laws and how they may impact your rights if you are involved in an accident. If you or a loved one has been hurt in a motorcycle or bicycle crash in Philadelphia, contact Benedum Law for skilled and compassionate help from an experienced Chestnut Hill personal injury lawyer.

Pennsylvania’s Motorcycle Helmet Law

Under Pennsylvania law (75 Pa. C.S. § 3525), motorcyclists are required to wear helmets unless they meet certain exceptions. Riders who are 21 years or older may operate a motorcycle without a helmet if they have either:

• Completed a motorcycle safety course approved by the Pennsylvania Department of Transportation (PennDOT) or the Motorcycle Safety Foundation, or
• Held a motorcycle license for at least two years.

Passengers are also exempt from wearing helmets if they are 21 or older and riding with a qualified helmet-exempt operator. However, all riders under 21 must wear a helmet, regardless of experience.

To comply with Pennsylvania law, motorcycle helmets must meet U.S. Department of Transportation (DOT) standards. These helmets are designed to provide adequate head protection in case of a crash.

Pennsylvania’s Bicycle Helmet Law

Pennsylvania also has a helmet law for bicyclists, but it is more limited in scope. Under 75 Pa. C.S. § 3510, all riders under the age of 12 must wear an approved helmet while operating a bicycle or riding as a passenger. This includes children in a bicycle trailer or child safety seat.

Although there is no legal requirement for bicyclists over 12 to wear a helmet, wearing one is strongly recommended for safety. Studies have shown that helmets significantly reduce the risk of severe head injuries in bicycle accidents.

How Helmet Use Affects Personal Injury Claims

While Pennsylvania’s helmet laws outline specific requirements for riders, failure to wear a helmet does not automatically bar a rider from seeking compensation in a personal injury claim. However, it may still impact the case in a couple of ways. Firstly, Pennsylvania follows a modified comparative negligence rule that apportions fault when both parties involved in a crash are partly to blame. A person found to have contributed to the accident or their injuries could have their compensation reduced in proportion to their share of fault. Importantly, if the accident victim is considered to be more than 50% to blame, then they can’t recover any compensation at all. Insurance companies often use this rule to their advantage by attempting to shift as much blame as possible to the accident victim.

Under this comparative negligence rule, if a motorcyclist is injured in an accident and was not wearing a helmet, the defense may argue that the rider’s injuries were worsened due to the lack of a helmet. If a court determines that the rider was partially responsible for their injuries, their compensation may be reduced. The burden would rest on the defense to prove the injury was worse due to lack of a helmet, which is not always the case, and a skilled and experienced plaintiff’s lawyer can help deflect comparative negligence claims that lack a sound legal or scientific basis.

In the case of bicyclists, the law is clear that failure to wear a helmet cannot be considered as comparative fault. In fact, failure to wear a helmet is not even admissible in any civil action for personal injury based on a bicycle accident. The fact that these provisions are not included in the motorcycle helmet law implies that such evidence could be used in motorcycle accident cases, however.

Issue of comparative negligence aside, insurance companies may still try to use helmet non-compliance to diminish the value of a claim wherever they can. Having legal representation can help counter these arguments and ensure fair compensation.

Protecting Your Rights After a Motorcycle or Bicycle Accident in Philadelphia

If you’ve been injured in a motorcycle or bicycle accident, it’s important to seek legal guidance, especially if helmet use is being questioned. At Benedum Law, we understand the complexities of Pennsylvania’s helmet laws and how they may affect personal injury claims. Our experienced team can help you navigate your case and fight for the compensation you deserve.

For a free consultation, contact Benedum Law today. Let us advocate for your rights and help you recover after an accident.