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Free ConsultationIn addition to the various traffic laws and restrictions that the Commonwealth of Pennsylvania imposes on motorcycle riders, it is also important for bikers to understand how state law governs helmet use. Unlike some other states, Pennsylvania does not universally require helmets for all motorcycle riders. However, wearing a helmet—or not wearing one—can still have a big impact on your ability to recover financially after a wreck caused by another person’s misconduct.
What follows is a brief overview of Philadelphia motorcycle helmet laws and what they require of different types of riders under various circumstances. If you were recently hurt in a serious crash, understanding and then emphasizing that you were in compliance with these laws will be crucial to preserving your right to file suit. Work with a seasoned motorcycle accident attorney to present the strongest possible case.
When Are Helmets Required for Motorcycle Riders in Philadelphia?
Under Pennsylvania law, anyone under the age of 21 who is operating or riding on a motorcycle is required to wear a safety helmet approved by the Pennsylvania Department of Transportation. Riders over the age of 21 are also required to wear helmets as a baseline, but if someone older than 21 has completed a Penn DOT-approved motorcycle safety course and/or has at least two years of experience operating a motorcycle, they are exempt from the standard helmet requirement. Operators and passengers in three-wheeled motorcycles or autocycles with enclosed cabs are also exempt from the helmet requirement, regardless of age or experience level.
It is worth noting, though, that whether they are legally required to wear a motorcycle helmet or not, all motorcycle riders in Philadelphia and throughout Pennsylvania are required in every situation to wear eye protection. If a rider or passenger is not wearing a safety helmet with a built-in windscreen, they must wear separate protection of some other kind—for example, goggles with shatter-proof lenses.
What Kinds of Helmets Do Not Meet Legal Requirements?
While Federal Motor Vehicle Safety Standard No. 218 establishes minimum safety standards for motorcycle helmets, neither the federal Department of Transportation (DOT) nor the National Highway Traffic Safety Administration (NHTSA) inspects and approves every helmet that is sold in the United States. Instead, they conduct occasional tests on randomly selected helmet models to ensure compliance with the safety standards mentioned above and otherwise rely on individual manufacturers to self-certify that their helmets are correctly designed and constructed.
Unfortunately, this creates a neutral zone in the market for certain manufacturers to sell novelty helmets that do not meet minimum safety standards, will not provide sufficient protection during a crash, and may lead to a traffic ticket if you are under 21 and the police find you wearing one. Some of these helmets even have fake DOT approval stickers attached to them, so the NHTSA recommends that you are aware of the following warning signs when shopping for helmets to ensure you are protected physically and legally. A helmet is not approved legally if it has:
- A chin strap with a plastic buckle or one that is not attached to the helmet’s frame by sturdy rivets
- Frames that are less than 1 inch thick or do not have inner liners made of stiff foam
- Protrusions on its outer shell that rise more than 0.2 inches away from the shell’s surface
- A “Skullcap” or “German Army” design, especially if it is smaller, thinner, or lighter than a typical motorcycle helmet
An experienced attorney can answer questions about whether a particular motorcycle helmet complies with laws applicable to Philadelphia riders.
Safety Standards for Motorcycle Helmets Under State Law
Philadelphia riders should wear headgear that meets the safety standards for motorcycle helmets established by the federal Department of Transportation. DOT approval is indicated by a “DOT” or “DOT Approved” sticker, which should be affixed and center-aligned on the back of the helmet’s outside shell.
Additionally, all helmets worn by Pennsylvania motorcycle riders must have a label on it with the helmet model, size, manufacturer’s name, and manufacture date—measured by month and year. This label can be on either the inside or the outside of the helmet, but it must be clearly legible without any permanent part of the helmet, such as internal padding, needing to be removed.
Complying With the Laws of Bordering States
Federal law does not require you to use motorcycle helmets on interstate highways or other federally managed or funded roadways. It allows individual states to establish and enforce such laws. Therefore, crossing state lines can change the applicable helmet laws when you drive your motorcycle over a border—this is very important if you live in Philadelphia, as New Jersey is just across the Delaware River.
Under New Jersey state law, motorcycle riders of any age and experience level are required to wear a safety helmet while riding, regardless of what state they primarily live in or which state they began or wanted to end their journey in. This means that if you plan a motorcycle trip eastbound over the Benjamin Franklin Bridge or over the Walt Whitman Bridge, you will need to wear a helmet even if you are not required to under Pennsylvanian law, since you could be pulled over, ticketed, and sanctioned in a New Jersey traffic court for not wearing a helmet once you cross the river.
Failure To Use a Helmet As Comparative Fault
One legal complication related to Philadelphia’s laws is that not wearing motorcycle head protection can impede your ability to gain civil compensation after a wreck, even if you were not breaking state law. This is because there is significant legal precedent in the Commonwealth where a rider’s failure to wear a helmet was interpreted as comparative fault for certain injuries.
Under our state’s law, the court will reduce the final damage award in proportion to your assigned percentage of fault if your irresponsible actions contributed to your injuries. The court may dismiss your case if the percentage is over 51 percent. Comparative fault can significantly reduce your financial recovery if an insurance company, civil judge, or jury believes you could have avoided a serious head injury by wearing a helmet—even if that injury was caused by someone else’s negligence.
A Philadelphia Attorney Can Explain Motorcycle Helmet Laws in More Detail
Wearing protective headgear is one of the single best things you can do to reduce the risk of suffering a serious and potentially life-threatening injury in a motorcycle accident. On top of that, helmets may be a legal requirement for you or for your riders, depending on your age and riding experience. Failing to fulfill that requirement could make it more difficult to demand financial recovery from the person responsible for your accident.
If you have further questions about Philadelphia motorcycle helmet laws and the impact they could potentially have on your civil claim, our legal team could address them during a confidential consultation. Schedule yours by calling Lowenthal & Abrams, Injury Attorneys.
