Missouri had a universal motorcycle helmet law for several decades. However, the state changed the law a few years ago, relaxing the requirement for all motorcycle riders to wear a helmet.
As a motorcycle rider in Missouri, you need to familiarize yourself with the new helmet law. You should understand how helmets can protect you in a motorcycle accident and how riding without a helmet may limit your rights to financial recovery if you get in a crash. You may decide that the risks outweigh the thrill of riding without a helmet.
If you were hurt in a motorcycle accident in Missouri, reach out to the motorcycle accident attorneys at Craig, Kelley & Faultless, LLC for a free case review. Let us stand up for your rights to full compensation after a motorcycle crash caused by another motorist.
1 – Changes to Missouri’s Motorcycle Helmet Law in 2020
In 2020, Missouri passed an amendment to its universal helmet law, allowing motorcycle riders aged 26 and older to ride without a helmet if they have health insurance or another form of insurance that provides medical benefits if they are injured in a crash. Medical benefits insurance policies must have a policy limit of at least $50,000. In addition, eligible motorcyclists who choose to ride without a helmet must complete a motorcycle safety course approved by the Missouri Department of Transportation and have held a motorcycle license for at least two years. Motorcycle riders aged 25 and younger and riders without medical benefits coverage must continue to wear helmets.
2 – Enforcement of Missouri’s Helmet Law
The new law requires riders to provide proof of insurance coverage upon request of a law enforcement officer. Under the universal helmet law, police could ticket a rider if they observed the rider not wearing a helmet. Now, police cannot stop motorcyclists solely to ensure that they comply with the age and insurance requirements of the helmet law. However, if the police stop an unhelmeted motorcycle rider for another violation and find that the rider does not meet the requirements to ride without a helmet, officers may issue a citation for a $25 fine for a first offense.
3 – Effectiveness of Missouri’s Helmet Law
Unfortunately, the partial repeal of Missouri’s universal helmet law may have had deadly consequences. Motorcycle rider fatalities increased by 40 percent in the year after the repeal, with fatalities among helmetless motorcycle riders increasing by approximately 800 percent. The Missouri Department of Transportation had opposed the partial repeal of the universal helmet law, estimating that the change would cause an additional 40 to 45 motorcyclist deaths each year.
Some motorcycle riders in Missouri argued that the prior universal helmet law did not protect all riders. Some riders chose to wear helmets not approved by the U.S. Department of Transportation, which provide minimal protection in a crash.
4 – Effectiveness of Helmet Use
According to the U.S. Centers for Disease Control and Prevention, motorcycle helmets reduce injuries and save lives in motorcycle accidents. The agency finds that:
- Helmets save nearly 2,000 motorcyclists each year and could save another 750 if all riders wore helmets.
- Helmets reduce the risk of motorcycle operator deaths by 37 percent and passenger deaths by 41 percent.
- Helmets also reduce the risk of head injuries in motorcycle accidents by 69 percent.
- The U.S. could save approximately $1.5 billion in economic losses from motorcycle accidents if all motorcycle riders wore helmets.
The National Highway Traffic Safety Administration reports that motorcycle helmets effectively prevent head injuries in motorcycle accidents that occur at 13 mph or more. DOT-approved helmets that meet Federal Motor Vehicle Safety Standard No. 218 will best protect riders’ heads in motorcycle accidents. You can identify a compliant helmet by looking for the DOT label listing the manufacturer and model of the helmet. Non-DOT-approved “novelty” helmets provide only minimal protection.
5 – How Wearing a Helmet Affects Your Motorcycle Injury Claim
Failing to wear a helmet can affect an injured rider’s financial recovery in a motorcycle accident claim. Missouri follows the pure comparative negligence rule, which states that an accident victim’s partial fault for the accident will not bar them from recovering compensation from other at-fault parties. An accident victim can pursue a claim even if they bear partial responsibility for their injuries. However, an injured person’s share of the fault may affect their financial recovery. For example, if a motorcycle rider incurs $100,000 in losses from an accident and is assigned 25 percent of the fault by a jury, the rider will have any compensation they are awarded reduced proportionately to reflect their share of responsibility.
Helmets can significantly reduce the likelihood and severity of head injuries in a collision. Consequently, insurance companies often argue that, under Missouri’s comparative negligence law, motorcyclists contribute to their injuries by failing to wear a helmet and should receive less compensation as a consequence. Whether or not you were wearing a helmet does not affect your right to claim compensation after a motorcycle accident caused by another motorist.
If an insurance company tries to pay you less because you were not wearing a helmet, contact an experienced motorcycle accident lawyer immediately. Our experienced personal injury attorneys know how to use Missouri motorcycle laws to fight back against this tactic and demand that you receive the full amount available by law.
Schedule a Free Case Review with Our Experienced Motorcycle Accident Attorneys
If you were hurt in a motorcycle accident someone else caused, you may have a right to claim compensation regardless of whether you were wearing a helmet at the time. Contact Craig, Kelley & Faultless LLC today for a no-obligation consultation. Call us at (800) 746-0226 to speak with our Missouri motorcycle accident lawyers about your legal options after a crash. Our firm can help you pursue compensation for your medical bills, lost income, and more. We do not charge for case reviews and will only collect a legal fee if we secure compensation for you.
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