.png)
Previously, Missouri had a universal motorcycle helmet law, which required all motorcycle operators and passengers to wear a helmet when the vehicle was in motion on a state highway.
However, in 2020, a new law came into effect. Under this newly revised helmet law, only motorcycle operators and passengers 25 years or younger are required to wear a helmet. Riders and passengers who are over the age of 25 do not need to wear a helmet, as long as they have health insurance.
Below is a quick guide to the motorcycle helmet law in Missouri and the reasons why it is better to wear a helmet, regardless of a person’s age.
Missouri’s Helmet Laws
In 1967, Missouri passed a helmet law requiring all operators of motorcycles and their passengers to wear a helmet. This universal law remained legally binding until 2019 when Missouri diluted its helmet law. In terms of the revised law, which came into effect in 2020, only two motorcyclist classes are required to wear a helmet; these classes are:
Motorcyclists 25 years old or younger, and
Those motorcyclists who have been issued an instruction permit, irrespective of their age.
All other motorcycle riders have the option to forgo wearing a helmet, as long as they have health insurance.
A violation of the helmet law is punishable by a judge with a fine. The fine cannot exceed $25 for a first offense. However, a Missouri DMV is not allowed to add points to a motorcyclist driving record if they have violated the helmet law.
Missouri’s Helmet Law Enforcement
A step further was taken by Missouri’s legislature to rid the helmet requirement. Under the amended law, highway patrol troopers and police officers are not allowed to pull someone over if they have failed to wear a helmet.
This has moved Missouri to a secondary enforcement state from a primary enforcement state. In a primary enforcement state, law enforcement officers are able to stop motorcyclists who are not wearing a helmet and check their state statute compliance. As a secondary enforcement state, however, highway patrol troopers and police officers are only allowed to issue a citation for violation of the helmet law only if they have stopped a motorcyclist for another violation.
Therefore, if a motorcyclist is following all the other traffic laws, a Missouri trooper or officer cannot pull over a motorcyclist for simply failing to wear a helmet.
According to Helmet law experts, laws like Missouri’s helmet law equates to having no law at all. This is because it is not possible for a law enforcement officer to determine the age, licensing status, or health insurance status of a motorcyclist just by looking at them. To do this, they would need to stop them.
Even though most officers do not even take the time to pull a motorcyclist over to see if they may be in violation of the helmet law, the helmet law in Missouri does not even allow these officers this simple step.
Therefore, by Missouri relegating the enforcement of the helmet law only to secondary violations, it has guaranteed that enforcement does not occur.
The Effectiveness of Helmet Use
Even though the Missouri law does not require a motorcyclist to wear a helmet, they should still consider wearing one. Helmet use does help in the prevention of deaths and serious injuries.
The year after the universal helmet law was repealed in Missouri, motorcycle accident deaths rose by 800%, and the number of head and brain injuries increased as well. Therefore, the repeal resulted in injuries that were more complicated and required much more complex medical treatment. Riding without a helmet in Missouri exposes motorcyclists to the following:
An increased risk of death
Greater risk of brain injury
More expensive treatment costs
Even those who are in compliance with the law and have health insurance may also suffer from ongoing medical expenses and permanent disabilities if they happen to get in a motorcycle accident and were not wearing a helmet.
How Wearing a Helmet Affects a Motorcycle Injury Claim
Not only does wearing a helmet protect a motorcyclist's health, but it also protects their right to claim compensation after a serious motorcycle collision. In Missouri, comparative negligence is used to allocate damages, meaning that an insurance claim adjuster or jury is able to reduce the damage awarded to the plaintiff if they played a part in their injuries.
Wearing a helmet shows that the motorcyclist did everything they could to avoid injuries, which will reduce the risk of their damage being reduced. The top motorcycle accident lawyers in St Louis at Powell Law Firm can help a motorcyclist peruse all the compensation they deserve, especially if they were not at fault for the motorcycle accident.
If victims are wanting to discuss how helmet use can affect the compensation they may recover after a motorcycle accident, the team at Powell Law Firm can help.