Navigating Child Passenger Motorcycle Laws in Missouri

A motorcycle is a convenient mode of transportation as it is cheap and fuel efficient. It is also a thrilling experience, but when it comes to having a child passenger on a motorbike, there are laws that riders must follow in Missouri.

Personal injury attorneys at Powell Law Firm understand the importance of child safety and have put together the relevant Missouri motorcycle laws pertaining to children passengers to help riders navigate the complex regulations. They also have information on what kind of lights can be on a motorcycle in Missouri.

Missouri Motorcycle License Requirements

In Missouri, motorcycle riders must have a Class M motorcycle license or a driver's license with an M class endorsement to drive legally in the state.

The law also allows young riders aged 15½ to obtain a motorcycle license permit if they complete a motorcycle rider training course.

Motorcyclists under the age of 16 with a motorcycle instruction permit can only drive in the state during daylight hours, no more than 50 miles from home. Powell Law Firm can help answer questions like, "Where do most motorcycle accidents occur?"

What Is the Minimum Age for Child Passengers in Missouri?

There are different laws pertaining to child passengers depending on the jurisdiction. In Missouri, children must be at least 4 years old to be able to ride on a motorcycle with a licensed motorcyclist. In addition to the minimum age limit, there is also a height restriction that may prevent some children from riding on motorcycles.

Under Missouri motorcycle laws, child passengers must be tall enough to reach the footrest and wear the same protective safety gear as the motorcycle rider.

If child passengers do not wear helmets and other state-required safety gear, the motorcycle driver may be prosecuted for a class C misdemeanor.

Can Motorcycle Riders Lane Split in Missouri If They Have a Child Passenger?

The state does not have specific laws addressing lane splitting, meaning this practice is not explicitly illegal in Missouri. However, if an accident occurs due to a motorcyclist driving in between lanes, it may affect their chances of receiving fair treatment in court.

While Missouri law does not expressly prohibit lane sharing or splitting, it is generally considered a dangerous practice that riders should avoid, especially if they have a child passenger.

Do Children Passengers Have to Wear Helmets While Riding a Motorcycle in Missouri?

Helmet laws in Missouri are one of the most controversial legal topics in the state, as many riders and residents believe that the law is an invasion of personal freedom. These laws vary from one state to another, with each state having a minimum age requirement for wearing a helmet. Regardless of the rider's age, it is essential to wear a helmet to reduce the risk of lifelong brain trauma and other head injuries in the event of an accident.

Since 1967, Missouri had a universal helmet law requiring all motorcyclists and passengers to wear helmets. However, in 2020, the state's helmet law changed.

Under the revised legislation, riders under the age of 26 and child passengers must wear a helmet. On the other hand, the helmet law does not apply to anyone aged 26 or above as long as they have proper motorcycle insurance.

What Are the Other Motorcycle Riding Rules Pertaining to Child Passengers Riders Must Follow?

When riding with child passengers, motorcyclists must ensure they do not carry more than one passenger on their motorbike. The passenger and rider also must have a footrest and a seat.

Another thing to remember is that motorcycles in Missouri must undergo safety inspection every five years to ensure that the motorbike is safe to ride with a child passenger.

Riders should also brush up on the state laws and ensure that the motorcycle insurance covers the passenger before taking them out on a ride.

What Is the Punishment for Violating the Helmet Law in Missouri?

Prior to the revised helmet legislation, law enforcement could stop any motorcyclist with a child passenger and determine their ages, licensing, insurance status, and whether or not they were complying with the state laws.

However, Missouri is now a secondary enforcement state under the new law, and police officers can only issue a citation for violating the helmet law if they stop a motorcyclist for another problem.

Here is an example to explain how the law works:

Suppose a law enforcement officer stops a motorcyclist for speeding, and the rider is not wearing a helmet. In that case, they can issue a citation if the rider is under the age of 26. However, if the rider fails to wear a helmet but follows all traffic laws, the police officer or highway patrol cannot pull them over.

Any motorcyclist who violates the Missouri helmet law may face a fine of $25 for a first offense. However, unlike other states, the Missouri Department of Motor Vehicles cannot add points to the rider's driving record for helmet violations.

Under state law, the child passenger may also face a fine if the motorcycle rider fails to wear a helmet. The rider may receive a warning, and the enforcing officer might contact the child's parents or guardian to notify them of the violation.

If the parents can prove they have a proper helmet for their child, the court may waive the fine. However, if the child's parents or guardians fail to provide evidence of the helmet, the court may fine them $100.

Besides the helmet requirement for child passengers, they must also wear protective glasses or goggles when riding a motorcycle. Eye protection is an essential safety gear for children as it prevents flying debris from damaging their eyes.

How Effective Is the Helmet Law in Missouri?

Despite a helmet requirement for all child passengers and motorcycle operators below the age of 26, Missouri is a secondary enforcement state. Law enforcement officers cannot pull over motorcyclists for violating Missouri's helmet law.

Legal experts argue that while the state has revised legislation, it is effectively unenforceable. Most police officers will not stop motorcyclists to determine whether they are complying with the state's helmet law.

Due to Missouri's status as a secondary enforcement state, law enforcement cannot effectively enforce the helmet law, leading to a lack of compliance among motorcyclists.

Should Child Passengers Wear a Helmet Despite the Lack of an Effective Law Enforcement?

Although the state does not effectively enforce its helmet law, motorcycle operators and child passengers should not overlook the importance of wearing a helmet. The alarming statistics on motorbike accidents in Missouri and other states emphasize the need for protective headgear.

According to preliminary data from the Missouri Coalition for Roadway Safety, in 2021, there were 159 motorcyclist fatalities, representing 16% of all traffic fatalities in the state. From 2017 to 2021, 620 motorcyclists lost their lives in Missouri, and most fatalities (566) included male riders.

After repealing the universal helmet laws in Missouri, there was a 40% increase in motorcycle accident deaths, according to the Missouri Department of Transportation. Several studies on motorcycle helmets have been conducted over the years, and the US General Accounting Office reviewed 46 of them, finding the following:

• Riders wearing protective headgear have a 73% lower fatality rate than those without one.

• Motorcyclists wearing helmets are 85% less likely to suffer serious and critical injuries than those riding without one.

• Motorcycle helmets are 67% effective in preventing brain injuries.

• Riders without a helmet are three times more likely to suffer a brain injury than those who wear one.

A motorcycle accident can have severe physical, mental, and financial consequences. Since the repeal of the helmet law in Missouri, fatalities and accidents leading to severe injuries have increased significantly.

With more riders and passengers requiring emergency medical care each year in the state, the cost of treating motorcycle injuries has also risen.

Even if an injured victim has health insurance to cover initial treatment, permanent disabilities can affect their quality of life and require ongoing medical expenses for the rest of their lives.

Does Wearing a Helmet Affect Motorcycle Accident Claims?

Motorcycle riders and child passengers must understand that wearing a helmet can not only save their lives but also protect their personal injury claims.

Missouri is a comparative negligence state, which means that the injured victim may still receive compensation even if they're partially at fault for the motorcycle accident. However, the insurance adjuster or court will reduce the damages awarded according to the degree of fault.

Here's an example of how wearing a helmet may affect an injured person's motorcycle accident claim.

Suppose John rides a motorcycle and gets into an accident with a motor vehicle driven by Michael, resulting in $150,000 in damages. The insurance company argues that John is responsible for his injuries since he did not wear a helmet.

However, John provides evidence of negligence, stating that Michael was speeding and ran a red light before smashing his vehicle into his motorcycle. Although John did not wear a helmet, the court finds Michael 80% at fault for John's injuries.

In such a situation, John will recover 80% of the damages awarded, which is $120,000.

If John had worn a helmet that day, the court would not find him 20% responsible for the injuries and would award him $150,000 in damages. Wearing a helmet can let the court and the insurance adjuster know that the injured victim did everything possible to prevent injuries in an accident.

However, failure to wear a helmet allows the negligent party to argue that the injuries occurred due to the motorcyclist's failure to wear a helmet. Experienced motorcycle accident lawyers can help investigate the incident, determine fault, and protect the injured victim's rights by pursuing a personal injury claim or a lawsuit against the negligent party.

Injured in a Motorcycle Accident? Contact Skilled Attorneys at Powell Law Firm

Those suffering injuries from a motorcycle accident in St. Louis, Missouri, must contact (314) 293-3777 to schedule a free consultation with an experienced personal injury attorney to discuss their case and learn more about their legal options.