You may be surprised that Wisconsin’s motorcycle helmet law does not require that everyone operating or riding a motorcycle wear a helmet. Helmet law states have varying legislation across different states regarding helmet use. The law covers passengers under 18. To read the statute itself, see Wis. Stat. sec. 347.485. Helmets are only required for operators and passengers who are under 18, or operating under an instructional permit. While a motorcycle operator over 18 (and has a regular permit) is never required to wear a helmet, it is illegal to operate a motorcycle with a passenger under 18 if the passenger is not wearing a helmet. But this doesn’t mean operators can wear whatever they want on their heads–in contrast to helmets, eye protection is required for all operators, no matter their age.
The statute lists face shields, glasses, and goggles as acceptable forms of eye protection. If you are required to wear a helmet under the law, not just any helmet will do. The statute requires that protective headgear conform to federal regulations for motorcycle helmets. If the outside of your helmet has a “DOT” symbol on the back, you can rest assured that it meets federal safety standards.
Once you have the right helmet, you must also remember to fasten your chin strap, since that is a requirement is as well. For individuals who do not comply with Wisconsin’s motorcycle helmet law, the violation comes with a fine of about $175.00. For those to whom the fine does not apply, there are still substantial risks associated with operating or riding a motorcycle without a helmet. According to the Wisconsin Department of Transportation, about 100 motorcyclists are killed each year in Wisconsin, and more than 2,500 are injured.
Helmets can help reduce the risk of dying or being injured (in a motorcycle accident). In 2010, 72 motorcyclists who were not wearing helmets died in motorcycle accidents, compared to 23 who were wearing helmets. Although the law may be seen as not going very far (since most operators are not required to wear anything more than eye protection), it did come under attack when it first came out by groups claiming helmets were dangerous… However, it was tested in the courts, and they have decided that it is constitutional and within the state’s police power to require protective headgear.
Overview of Motorcycle Helmet Laws
Motorcycle helmet laws vary significantly across the United States. Some states have universal helmet laws, requiring all motorcyclists and passengers to wear helmets, while others have laws that depend on the rider’s age or experience. Currently, Illinois, Iowa, and New Hampshire stand out as the only states without any motorcycle helmet laws. On the other hand, nineteen states and the District of Columbia enforce universal helmet laws, ensuring that every motorcyclist and passenger wears a helmet. The remaining 28 states have more nuanced laws, often requiring helmets for younger riders or those with less experience. Understanding these variations is crucial for motorcyclists, especially when traveling across state lines, to ensure they remain compliant and safe on the road.
Importance of Wearing a Motorcycle Helmet
Wearing a motorcycle helmet is not just a legal requirement in many places; it’s a critical safety measure. According to the Centers for Disease Control and Prevention (CDC), helmets can reduce the risk of head injury by a staggering 69%. This reduction is vital, considering the severe consequences of traumatic brain injuries, which can lead to lifelong medical issues and significant costs. For instance, in Missouri, 104 motorcyclist fatalities were reported in 2021, with 54 of those riders not wearing helmets. Beyond safety, wearing a helmet can also influence injury claims. In legal scenarios, a jury might consider a rider’s decision to forgo a helmet when determining fault and awarding damages. Thus, wearing a helmet is a simple yet effective way to protect oneself both physically and legally.
Wisconsin’s Helmet Laws
In Wisconsin, the helmet laws are specific about who needs to wear a helmet. Motorcycle operators and passengers under the age of 18 are required to wear a helmet with a securely fastened chin strap. This requirement also extends to drivers holding an instructional permit, regardless of their age. Additionally, all motorcycle operators must wear some form of eye protection, such as a protective face shield, glasses, or goggles, unless their motorcycle is equipped with a windshield that rises at least 15 inches above the handlebars. Enforcement of these laws is carried out by police officers and highway patrol troopers, who can issue citations for failing to wear a helmet if they stop a motorcyclist for another traffic violation.
Enforcement and Penalties
The enforcement of motorcycle helmet laws varies from state to state. In some states, law enforcement officers have the authority to stop a motorcyclist solely for not wearing a helmet. In others, they can only issue a citation for helmet law violations if the motorcyclist has been stopped for another traffic infraction. Penalties for violating helmet laws also differ widely. Fines can range from as low as $25 to upwards of $500, depending on the state. For example, in Missouri, a first-time helmet law violation can result in a fine of up to $25. Beyond fines, non-compliance with helmet laws can have broader implications, such as affecting insurance claims and potentially leading to partial liability for the motorcyclist in the event of an accident.
Motorcycle Helmet Laws and Insurance
Motorcycle helmet laws can significantly impact insurance claims and liability. In states like Missouri, a jury may take into account whether a motorcyclist was wearing a helmet when determining fault and awarding damages in an accident. Insurance companies also consider compliance with helmet laws when evaluating the value of a settlement. This means that not wearing a helmet could potentially reduce the compensation a motorcyclist might receive after an accident. Therefore, understanding and adhering to your state’s helmet laws is not only a matter of legal compliance but also a crucial step in protecting yourself financially. If you have any questions about a motorcycle helmet law citation or a motorcycle accident, consulting a motorcycle accident attorney can provide valuable guidance on navigating the legal and insurance landscapes.
