WHAT EVERY BIKER NEEDS TO KNOW ABOUT MICHIGAN MOTORCYCLE HELMET LAWS

When the Michigan legislature repealed the mandatory motorcycle helmet law in 2012, it was big news for bikers across the state. However, not everyone is legally allowed to ride without a helmet, including passengers. Here’s what you need to know to ride safely and stay in legal compliance with Michigan motorcycle helmet laws.

Michigan Motorcycle Helmet Laws 

Michigan motorcyclists have the legal right to ride without a helmet, as long as they meet certain requirements. 

Motorcycle Operators

According to Michigan law, motorcycle operators may ride without a helmet if they:    

• Are at least 21 years old
• Have a minimum of $20,000 in first-party medical benefits (Personal Injury Protection, or PIP)
• Have held a motorcycle endorsement for at least two years, or have passed an approved motorcycle safety course

Motorcycle Passengers

Motorcycle passengers who wish to ride without a helmet must:

• Be at least 21 years old
• Have at least $20,000 in first-party medical benefits (Personal Injury Protection, or PIP) of their own 

Additional Michigan Helmet-Related Laws

• Motorcycle operators and passengers under 21 years old must wear a helmet at all times
• In addition, individuals younger than 19 must wear a helmet if operating a moped on a public roadway
• Bluetooth helmets are permitted under Michigan motorcycle law
• All helmets worn by Michigan motorcyclists of any age must comply with U.S. Department of Transportation (DOT) standards

U.S. Department of Transportation Standards For Motorcycle Helmets

When searching for your next helmet, Michigan motorcyclists need to find a reputable source for DOT approved helmets. The list of minimum requirements can be found below and a more comprehensive guide can be found by clicking on the link above.

Eye Protection is Not Optional

In Michigan, helmets may be optional but eye protection is required by law. 

To operate a motorcycle on a public highway at speeds of 35 mph or faster, motorcyclists must have at least one of the following:

• A windshield large enough to protect occupants from insects, water, debris and other airborne objects
• If there is no windshield, the operator must wear goggles with shatter-proof transparent lenses, a transparent face shield or eyeglasses

Furthermore, motorcycle safety experts recommend additional protection even when the bike has a windshield. These include helmets with full-face coverage and energy-absorbing liners.

Frequently Asked Questions about Michigan Motorcycle Helmet Laws

Will my insurance rates be higher if I don’t wear a motorcycle helmet?  

Motorcyclists who choose to ride without a helmet must carry a minimum of $20,000 of first-party medical benefits (Personal Injury Protection, or PIP). In addition, passengers riding without helmets must also have at least $20,000 of their own medical coverage. 

Is wearing a helmet a factor in determining fault in a motorcycle accident case?

Yes. If you are seriously injured in a motorcycle accident, you are entitled to sue the at-fault party regardless of whether you were wearing a helmet. However, your choice to ride helmet-less is likely to have a significant impact on your settlement. Here’s why.

In most personal injury cases, non-economic damages such as pain and suffering are determined using Michigan’s “modified comparative negligence” doctrine. First, the plaintiff cannot be more than 50% at fault in order to receive these third-party damages. Then, the victim’s compensation is reduced according to their degree of fault. For example, if you are considered 25% at fault for riding without a helmet, you would collect 75% of the non-economic, or third-party, damages you would have otherwise received.

To succeed, the at-fault driver and their insurance company must prove that your injuries would have been less severe if you had been wearing a helmet. Numerous studies show that helmets protect riders from traumatic brain injuries and skull fractures. In addition, helmets with face shields can also help minimize facial injuries. Therefore, motorcyclists who choose not to wear helmets are likely to be assigned a percentage of fault if they are injured in a crash.  

What is the penalty for underage riders who are caught without wearing a motorcycle helmet? 

Motorcyclists under 21 who ride without a helmet may be ticketed and fined, depending on the circumstances. Because younger riders tend to be less experienced, it’s especially dangerous – and illegal – to ride without a helmet.  

What are the benefits of wearing a motorcycle helmet?

Head injuries are the leading cause of death for motorcyclists who are involved in accidents. While most Michigan motorcyclists can choose to ride without a helmet, it’s not recommended. Here are a few reasons why bikers and passengers who wear helmets will enjoy safer and more comfortable rides:    

• Helmets can reduce the risk of serious head injuries by almost 70%
• Riders who don’t wear helmets are one-third less likely to die as a result of their head injuries 
• Helmets add comfort to the ride by reducing wind noise and windblast on the face and eyes 
• Wearing a helmet shows others on the road that you place a high priority on safety

Helmet Safety Tips from the Motorcycle Safety Foundation

Below are a list of safety tips concerning motorcycle helmets:

• Replace a helmet immediately if it’s been worn in a crash or dropped on a hard surface
• Replace helmets every few years for normal wear and tear
• If you’re not sure whether your helmet is still safe, have it inspected by a reputable helmet shop
• Buy your helmet from a knowledgeable dealer who will help you find the correct fit and style
• Wear your helmet whenever you ride, even during short neighborhood trips
• Clean the face shield frequently and replace if it becomes scratched
• Keep your helmet securely fastened at all times so you’re ready for unexpected situations
• Never operate a motorcycle after drinking alcohol or using drugs

Get The Bernstein Biker Advantage®

Many of our lawyers and staff members ride motorcycles. Therefore, we understand first-hand the joy and the challenges that bikers experience. And, we take these cases personally because we know how devastating a motorcycle accident can be.

Our entire legal team is well-versed in the complexities of motorcycle accident law. We know what it takes to win your case, and we are ready to fight for the compensation you deserve.

Motorcycle accident law is complicated, but finding the right Motorcycle accident attorney is simple. 

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