Young adults from ages 15-44 account for over half of all road traffic deaths, and motorcycle riders make up a
significant portion of that number. Fortunately, helmets prevent an estimated 37% and 41% of crash deaths among
motorcycle riders and passengers, respectively.

Wearing a helmet can also make a difference for riders when they need to bring a claim to court after an accident. The
best personal injury lawyer for motorcycle crashes is usually an auto
accident attorney or motorcycle
accident lawyer who specializes in motorcycles, since each state has different laws surrounding
motorcycle crash claims and helmets.

Though helmet laws that affect recovery claims differ from state to state, your motorcycle accident
attorney will probably outline some variation of the following possibilities.
•Helmet On, No Head or Neck Injury
If you were wearing a helmet but it didn’t affect your injuries in a significant way, the helmet is unlikely to play a
role in your case. However, your accident attorney may suggest that you mention your helmet
since it shows that you were being responsible.
•Helmet Off, No Head or Neck Injury
Again, if your head and neck were uninjured, the law generally will overlook helmet use (or lack thereof). This is true
even if your state requires helmet use.
•Helmet On, With Head or Neck Injury
If you were wearing a helmet and you still injured your head or neck in the accident, your motorcycle accident
lawyer will likely advise bringing it up in court, because it proves that you took the proper precautions
to prevent the injuries you sustained.
•Helmet Off, With Head or Neck Injury
You may limit your recovery claim if you suffered head or neck injuries while not wearing a helmet, even if state law
doesn’t require you to wear one. If the lack of helmet played a key role in your injuries, it will be difficult to prove
that your own negligence didn’t cause your injuries. It’s even more difficult in a state where helmets are required by
law.

The state of Missouri requires all motorcyclists to wear a safety helmet pursuant to M.R.S. Section 302.020, 2. The
state of Illinois does not require safety helmets. The American Motorcyclist Association provides an excellent
state-by-state breakdown of helmet laws.

Road crashes cost the U.S. approximately $230.6 billion every year, which breaks down to about $820 per person. If you
want to avoid paying for your injuries after a crash, you’ll stand your best chance if you were wearing a helmet.

Gary Burger

Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO

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