Pennsylvania's Motorcycle Helmet Law and How It Affects Your Injury Claim

Pennsylvania doesn't require all riders to wear helmets — but the choice can affect an injury claim. Here's what riders should understand.

The Current Helmet Law

Pennsylvania repealed its universal helmet requirement in 2003. Riders over 21 who have either two years of riding experience or have completed an approved safety course may legally ride without a helmet. Younger and less-experienced riders must still wear one.

Not Wearing a Helmet Doesn't Bar Recovery

Riding legally without a helmet does not prevent you from recovering compensation when another driver caused your crash. However, insurers may argue that the lack of a helmet contributed to head injuries, which can affect the damages analysis under comparative negligence principles.

Overcoming Rider Bias

Motorcyclists face unfair assumptions that they are reckless. Insurers exploit this to reduce payouts. Strong evidence of the other driver's negligence — the left-turn that cut off the rider, the lane change that ignored the motorcycle — is the antidote to this bias.

Protecting Your Claim

Whether or not you wore a helmet, preserve your gear and bike, document the scene, and get prompt medical care. A professional evaluation can address how Pennsylvania's helmet law and comparative-negligence rules apply to your specific situation.

This article is for general information only and is not legal advice. Laws change and every case is different. For advice about your specific situation, consult a licensed Pennsylvania attorney.