Motorcycle accidents · All 50 states + DC
Short answer: 17 states and DC require every motorcycle rider to wear a helmet. 30 states require it only for some riders, usually those under 18 or 21, and sometimes new riders or those without extra medical coverage. Illinois and Iowa have no helmet law, and New Hampshire’s rule for riders under 18 may no longer be in force. Not wearing a helmet does not end an injury claim. Several states forbid using it to cut damages; in others, the other side may argue it should reduce the damages for head injuries a helmet would have prevented.
Helmet laws matter twice after a crash. First, a rider who broke the law can get a ticket. Second, and more important for money, the other driver’s insurer may argue that the rider’s own choice made the injuries worse. Whether that argument works depends on the state.
The table below gives the rule in every state and DC, with the statute it comes from. Last checked: October 17, 2026.
Motorcycle helmet laws by state
| State | Helmet law | Who must wear one | Statute |
|---|---|---|---|
| Alabama | All riders | All riders (operators and passengers) | Ala. Code § 32-5A-245 |
| Alaska | Some riders | Passengers; operators under 18; instruction-permit holders (set by state regulation) | Alaska Stat. § 28.35.245 |
| Arizona | Some riders | Operators and passengers under 18 | Ariz. Rev. Stat. § 28-964(A) |
| Arkansas | Some riders | Operators and passengers under 21 | Ark. Code § 27-20-104(b)(1) |
| California | All riders | All riders (driver and any passenger) | Cal. Veh. Code § 27803 |
| Colorado | Some riders | Operators and passengers under 18 | Colo. Rev. Stat. § 42-4-1502(4.5) |
| Connecticut | Some riders | Operators and passengers under 21 (raised from 18 on October 1, 2025) | Conn. Gen. Stat. § 14-289g |
| Delaware | Some riders | Riders under 19; new riders, and their passengers, for 2 years after the endorsement (since July 30, 2023). Other riders must carry a helmet | 21 Del. C. § 4185(b) |
| District of Columbia | All riders | All riders | 18 DCMR § 2215.3 |
| Florida | Some riders | Riders under 21; riders 21+ without at least $10,000 in medical-benefits coverage | Fla. Stat. § 316.211(1), (3)(b) |
| Georgia | All riders | All riders (operators and passengers) | O.C.G.A. § 40-6-315(a) |
| Hawaii | Some riders | Operators and passengers under 18 | Haw. Rev. Stat. § 286-81(e) |
| Idaho | Some riders | Operators and riders under 18 | Idaho Code § 49-666(1) |
| Illinois | No law | No helmet requirement (eye protection required) | 625 ILCS 5/11-1404 |
| Indiana | Some riders | Operators and riders under 18 | Ind. Code § 9-19-7-1(b) |
| Iowa | No law | No helmet requirement | No statute requires one |
| Kansas | Some riders | Operators and riders under 18 | Kan. Stat. § 8-1598(a) |
| Kentucky | Some riders | Operators and passengers under 21; instruction-permit holders; operators licensed less than 1 year | Ky. Rev. Stat. § 189.285(3) |
| Louisiana | All riders | All riders (operators and passengers) | La. Rev. Stat. § 32:190(A) |
| Maine | Some riders | Operators and passengers under 18; learner's-permit holders and operators within 1 year of passing the test; passengers of any operator who must wear one | Me. Rev. Stat. tit. 29-A, § 2083(1) |
| Maryland | All riders | All riders (operators and passengers) | Md. Code, Transp. § 21-1306(b) |
| Massachusetts | All riders | All riders (operators and passengers, including in a sidecar) | Mass. Gen. Laws ch. 90, § 7 |
| Michigan | Some riders | Riders under 21. Riders 21+ unless they meet the conditions: operators need a 2+ year endorsement or a safety course AND $20,000 in first-party medical security; passengers 21+ need the $20,000 security (their own or the operator's) | Mich. Comp. Laws § 257.658(4)-(5) |
| Minnesota | Some riders | Operators and riders under 18; instruction-permit holders | Minn. Stat. § 169.974, subd. 4(a) and subd. 2(d) |
| Mississippi | All riders | All riders (operators and passengers) | Miss. Code § 63-7-64 |
| Missouri | Some riders | Operators and passengers under 26; instruction-permit holders of any age | Mo. Rev. Stat. § 302.020.2 |
| Montana | Some riders | Operators and passengers under 18 | Mont. Code § 61-9-417(1) |
| Nebraska | Some riders | Riders under 21. Riders 21+ unless they hold a Class M license and completed the required course (the MSF Basic eCourse if licensed before May 1, 2024; the basic rider course if licensed on or after that date), or hold another state's license. Passengers 21+ ride without one only if the operator is exempt | Neb. Rev. Stat. § 60-6,279 |
| Nevada | All riders | All riders (driver and passenger) | Nev. Rev. Stat. § 486.231(2) |
| New Hampshire | In doubt | The statute names riders under 18, but a clause voids it now that federal funds no longer depend on it. IIHS lists no law | N.H. Rev. Stat. § 265:122(I) |
| New Jersey | All riders | All riders (operators and passengers) | N.J. Stat. § 39:3-76.7(a) |
| New Mexico | Some riders | Operators and passengers under 18 | N.M. Stat. § 66-7-356(A) |
| New York | All riders | All riders (operators and passengers) | N.Y. Veh. & Traf. Law § 381(6) |
| North Carolina | All riders | All riders (operator and all passengers) | N.C. Gen. Stat. § 20-140.4(a)(2) |
| North Dakota | Some riders | Operators and riders under 18; any passenger of an operator who must wear one | N.D. Cent. Code § 39-10.2-06(1) |
| Ohio | Some riders | Operators and passengers under 18; operators with a 'novice' designation (first year); passengers of those operators; temporary instruction-permit holders | Ohio Rev. Code § 4511.53(C) |
| Oklahoma | Some riders | Operators and riders under 18 | Okla. Stat. tit. 47, § 12-609(B) |
| Oregon | All riders | All riders | Or. Rev. Stat. §§ 814.269, 814.275 |
| Pennsylvania | Some riders | Riders under 21; riders 21+ licensed for less than 2 full calendar years unless they completed an approved safety course; passengers 21+ only when riding with an exempt operator | 75 Pa. Cons. Stat. § 3525(a), (d) |
| Rhode Island | Some riders | Operators under 21; new operators for their first year; all passengers | R.I. Gen. Laws §§ 31-10.1-4, 31-10.1-6 |
| South Carolina | Some riders | Operators and riders under 21 | S.C. Code § 56-5-3660 |
| South Dakota | Some riders | Operators and riders under 18 | S.D. Codified Laws § 32-20-4 |
| Tennessee | All riders | All riders (driver and any passenger); riders 21+ may wear a helmet that meets a relaxed standard | Tenn. Code § 55-9-302(a) |
| Texas | Some riders | Riders under 21; riders 21+ unless they completed an approved training course or have health insurance that covers crash injuries | Tex. Transp. Code § 661.003(a), (c) |
| Utah | Some riders | Operators and riders under 21 | Utah Code § 41-6a-1505(1) |
| Vermont | All riders | All riders (operators and passengers) | Vt. Stat. tit. 23, § 1256 |
| Virginia | All riders | All riders (operators and any passengers) | Va. Code § 46.2-910(A) |
| Washington | All riders | All riders (operators and passengers) | Wash. Rev. Code § 46.37.530(1)(c) |
| West Virginia | All riders | All riders (operators and passengers) | W. Va. Code § 17C-15-44(a) |
| Wisconsin | Some riders | Operators and riders under 18; instructional-permit holders; passengers under 18 | Wis. Stat. § 347.485(1)(a), (am) |
| Wyoming | Some riders | Operators and riders who are minors (under 18) | Wyo. Stat. § 31-5-115(o) |
Most states that require a helmet point to the federal safety standard for motorcycle helmets, FMVSS 218, the one behind the DOT label. A few accept other standards, such as Snell or ANSI, and Tennessee has a looser standard for riders 21 and older. Novelty helmets with no certification usually do not count.
Recent changes and special cases
- Connecticut (2025). The age limit rose from under 18 to under 21 on October 1, 2025 (Public Act 25-65). The legislature’s main code page still showed the old text when this table was checked; the 2026 supplement has the new one.
- New Hampshire. The statute still says riders under 18 must wear a helmet (RSA 265:122(I)), but paragraph III makes that rule void if federal law stops requiring it as a condition for federal funds. Congress dropped that condition in 1995, so many sources, including IIHS, list New Hampshire as having no helmet law. Riders under 18 should not count on that reading.
- Missouri (2020). Riders 26 and older may ride without a helmet, except instruction-permit holders. Some summaries add an insurance or financial responsibility condition that this section of the statute does not contain.
- Nebraska (2024). Riders 21 and older can go without a helmet if they completed a required safety course, or hold a motorcycle license from another state. The course required changed for riders licensed on or after May 1, 2024.
- Michigan. Riders 21 and older can skip the helmet only with at least $20,000 in first-party medical coverage, and operators also need two years’ experience or a safety course.
Does not wearing a helmet hurt an injury claim?
It does not decide who caused the crash. A driver who turned left into a motorcyclist is still at fault for the crash. The question is narrower: whether the rider’s damages should be reduced because a helmet would have prevented or lessened some injuries. Lawyers call this the “helmet defense”. States handle it in three ways:
Barred by statute. In Maryland, failing to wear a required helmet may not be considered evidence of negligence or “diminish recovery for damages” (Transp. § 21-1306(e)). Utah goes furthest: not wearing a helmet is not contributory or comparative negligence and may not be introduced as evidence on negligence, injuries or mitigation of damages (§ 41-6a-1505(6)). Wisconsin passed a law in 2003 saying it “shall not reduce recovery”, except for riders the law requires to wear one (§ 895.049). Ohio and New Mexico bar it for the riders their laws require to wear one (under 18 and, in Ohio, novice riders).
Not negligence in itself. North Carolina and Virginia say a helmet violation is not negligence per se. That does not forbid the argument; it means the defendant must still prove it mattered. North Carolina is also one of the few states where any fault of your own can bar the claim entirely.
Allowed with proof. In Florida, an appeals court allowed the defense but required the defendant to prove that a helmet would have made a difference; in Rex Utilities v. Gaddy (Fla. 3d DCA 1982) it failed for lack of that proof. The case dates from when Florida required helmets for all riders.
No clear rule. In many states, including California, Texas, Pennsylvania, Georgia and Michigan, no statute or appellate decision found for this guide deals squarely with helmets. Courts may borrow their seat-belt rules, so the outcome depends on the judge and the evidence.
Where it applies, it only affects injuries a helmet could have prevented, usually head injuries. A broken leg or road rash is not reduced because the rider had no helmet. And the defense works on top of the state’s general fault rule: see comparative negligence by state.
Two practical points for riders after a crash. Keep the helmet if you wore one, even if it is damaged: it is evidence of what it absorbed. And if you did not wear one, do not assume the claim is lost; the deadline to file still runs as usual (see the statute of limitations by state).
How this table was checked
The starting point was the October 2026 helmet law table of the Insurance Institute for Highway Safety (IIHS). Each row was then read in the state’s own code: the official legislature site where it could be opened, otherwise a free legal library copy (FindLaw, Justia or public.law), which is the copy the row links to. Where the statute and the IIHS table differ, as in New Hampshire and Missouri, the row explains it. Alaska’s actual requirement is in a state regulation (13 AAC 04.350) that could not be opened; that row follows IIHS. If a row is out of date, send the link to the new law.
Questions
Do passengers have to wear a helmet too?
In states that require helmets for all riders, yes. In “some riders” states, passengers usually follow the same age limit, and some states also require a helmet for any passenger of an operator who must wear one.
Does my insurance pay less if I was not wearing a helmet?
Your own medical coverage usually pays under its own terms. The question of reduced damages comes up in a claim against the at-fault driver, and only in states that allow the helmet defense.
Which laws apply if I ride through several states?
The law of the state you are riding in at the time. A rider from a state with no helmet law must wear one in a state that requires it.
How do motorcycle accident lawyers charge?
Usually a percentage of the recovery. See how contingency fees work.
Related guides
- What to do after a crash: evidence and first deadlines.
- Comparative negligence by state.
- Wrongful death deadlines by state.
General information, not legal advice. Helmet rules have details (permits, insurance conditions, passengers) that the table summarizes. Check the statute or ask a licensed attorney in your state.