Motorcycle Accident Claims and How Helmet Laws Affect Them

You can recover damages after a motorcycle crash the same way a driver can, by proving the other driver was negligent. Two things set these claims apart. Insurers often assume the rider was at fault, and in some states skipping a helmet can shrink what you collect.

How often are motorcyclists killed?

Riders die at far higher rates than people in cars. NHTSA's 2024 motorcycle fact sheet counts 6,228 motorcyclists killed in 2024, or 16% of all traffic deaths.

Per 100 million vehicle miles, the rider death rate was 28.00. That is almost 27 times the rate for passenger car occupants, which was 1.05. Another 86,887 riders were injured.

The most common deadly two-vehicle crash starts with the other driver. In 45% of those crashes in 2024 (1,532 of them), the other vehicle was turning left while the motorcycle went straight, passed or overtook.

Which states require helmets?

17 states and D.C. require every rider to wear a helmet, according to the IIHS helmet law table. 30 states require helmets only for younger riders. Illinois, Iowa and New Hampshire have no helmet law.

• All riders. Alabama, California, Georgia, Louisiana, Maryland, Massachusetts, Mississippi, Nevada, New Jersey, New York, North Carolina, Oregon, Tennessee, Vermont, Virginia, Washington, West Virginia and D.C.
• Riders 20 and younger. Arkansas, Connecticut, Florida, Kentucky, Michigan, Nebraska, Pennsylvania, Rhode Island, South Carolina, Texas and Utah.
• Riders 17 and younger. Alaska, Arizona, Colorado, Hawaii, Idaho, Indiana, Kansas, Maine, Minnesota, Montana, New Mexico, North Dakota, Ohio, Oklahoma, South Dakota, Wisconsin and Wyoming.
• Other ages. Missouri covers riders 25 and younger. Delaware covers riders 18 and younger, plus new riders for 2 years after their endorsement.

The law type shows up in the death counts. In states without universal laws, 48% of riders killed in 2024 wore no helmet. In universal-law states, 11% did.

Does not wearing a helmet reduce your damages?

It can, depending on your state. Defendants call this the "helmet defense." They argue some of your injuries would not have happened with a helmet, so you should bear that share.

Arizona allows it. In Warfel v. Cheney (1988), the Arizona Court of Appeals held that helmet nonuse can reduce damages. The defendant must prove which injuries a helmet would have prevented or lessened, and by how much.

Hawaii rejects it. In Kealoha v. County of Hawaii, decided January 15, 1993, the Hawaii Supreme Court refused to create a duty to wear a helmet. Evidence that the rider went bare-headed was not admissible.

Under the Warfel approach, the reduction reaches only injuries a helmet would have changed. A helmet does nothing for a shattered ankle. Your state's fault rules then set the math, as our guide to comparative and contributory negligence explains.

Will an adjuster assume the rider was at fault?

Many do, so answer with evidence rather than argument. Start with NHTSA's left-turn figure: in 45% of fatal two-vehicle motorcycle crashes in 2024, the other driver was turning left across the rider's path.

Expect questions about alcohol. NHTSA found 26% of riders in fatal crashes in 2024 had a blood alcohol level of .08 or higher. If you were sober, a negative blood test from the hospital ends that line of attack.

Speed is the other common accusation. Photos of where the bike came to rest, skid marks and the damage pattern let a reconstruction expert estimate speed. That beats a driver's guess.

Is lane splitting legal?

Lane splitting is legal in California, and a few states allow narrower "filtering" past stopped traffic. Elsewhere, riding between lanes can itself be a traffic violation, which an insurer will use to argue fault.

• California. AB 51 (Stats. 2016, ch. 141) added Veh. Code §21658.1, effective January 1, 2017. It defines lane splitting and lets the CHP write safety guidelines. It sets no speed limit of its own.
• Utah. Riders may pass stopped vehicles on roads posted at 45 mph or less, at 15 mph or less, and not on freeways. The Legislature's 2026 review notes the law expires July 1, 2027, unless it is extended.
• Arizona. A.R.S. §28-903 allows passing between stopped vehicles on roads posted at 45 mph or less, at no more than 15 mph.
• Montana. Mont. Code §61-8-392 allows filtering past vehicles stopped or moving 10 mph or less, with the bike at 20 mph or less.
• Minnesota. Minn. Stat. §169.974 allows passing within a lane at no more than 25 mph, and no more than 15 mph over the speed of traffic.

Riding legally doesn't end the fault question. California uses pure comparative fault under Li v. Yellow Cab (1975), so a jury can still assign you a share for splitting unsafely. See our California page.

Texas is harsher. Under Tex. Civ. Prac. & Rem. Code §33.001, a rider found more than 50% at fault recovers nothing. See our Texas page.

What evidence should you keep?

Keep everything that shows how the crash happened and how you hit the ground. Much of it disappears within weeks if no one asks for it.

• Your helmet. Bag it and don't clean it. Cracks and scrapes show where your head struck, which matters if the insurer raises a helmet defense.
• Your gear. Torn jackets, gloves and boots help an expert work out how you went down.
• The motorcycle. Tell your insurer in writing not to sell it for salvage until your side has inspected it.
• Video. Save any helmet-cam or dashcam footage. Ask nearby businesses for their camera footage in writing right away, because many systems record over old video.
• Scene photos. Photograph sightlines from where the turning driver sat. A parked truck blocking the view can shift fault to the driver who turned anyway.
• Hospital records. Ask for the toxicology results if blood was drawn.

What to do next

1. Find your deadline to sue. It's 2 years in both California and Texas for most injury claims. Our statute of limitations guide covers other states.
2. Check your own policy for uninsured and underinsured motorist coverage. Many drivers who hit riders carry low limits, and our guide to UM and UIM claims explains how to use it.
3. If you weren't wearing a helmet, ask any lawyer you meet whether your state allows the helmet defense. Then ask how they would rebut it with medical evidence.
4. Ask whether the firm uses accident reconstruction experts on left-turn cases, and who pays for them if you lose.
5. Compare local firms on our city rankings, which use Google Maps position and reviews.