- Massachusetts has a universal helmet law, requiring all motorcycle riders and passengers, regardless of age, experience, or residency, to wear a DOT-approved helmet at all times.
- Violating helmet laws can lead to fines, insurance surcharges, and potential license consequences. Repeat offenses may trigger higher insurance premiums and mandatory safety programs.
- Not wearing a helmet can reduce the compensation you receive in a motorcycle accident claim due to Massachusetts’ modified comparative negligence rule, even if another driver caused the crash.
On This Page
- Requirements of Massachusetts’ Universal Helmet Law
- Meeting Helmet Standards in Massachusetts
- Penalties for Not Wearing a Helmet in Massachusetts
- The Impact of Helmet Laws on Motorcycle Accident Claims
- Massachusetts Motorcycle Helmet FAQs
- Contact DiBella Law to Learn More About Massachusetts’ Helmet Laws
Requirements of Massachusetts’ Universal Helmet Law
Massachusetts is one of only 19 states with universal helmet laws. Under these, all riders and passengers must wear helmets in the state, regardless of age and experience. The mandatory helmet law applies to riders of motorcycles, mopeds, and motorized bicycles. In addition, helmets must be properly fastened and secured.
Meeting Helmet Standards in Massachusetts
In Massachusetts, motorcycle helmets are mandatory for all riders and passengers. To be legally compliant, helmets must meet federal safety standards set by the U.S. Department of Transportation.
The Massachusetts Registrar of Motor Vehicles enforces helmet laws and follows the DOT standards. To determine whether a motorcycle helmet is DOT-approved, you can look for the following information:
- A DOT sticker on the back of the helmet
- A manufacturer’s label on the inside of the helmet that provides:
- The manufacturer’s name
- The model number
- Certification that it complies with Federal Motor Vehicle Safety Standard No. 218
The helmet must be properly fastened with a chin strap while riding and in good condition, with no significant cracks or defects. It is important to note that wearing a helmet that appears DOT-certified but is damaged, modified, or worn improperly may still be against the law.
Penalties for Not Wearing a Helmet in Massachusetts
A first offense for not wearing a DOT-approved helmet in Massachusetts can result in a $35 fine plus insurance surcharges for six to seven years. A second offense leads to a $75 to $100 fine along with additional surcharges. Higher premium hikes are possible due to repeat offenses.
Multiple surchargeable offenses can trigger license suspension under the three surchargeable events in the two-year rule and may require completion of a Driver Retraining Program. Similarly, new riders may face stricter penalties, including delays in obtaining a full license or mandatory safety courses. Some insurers may decline coverage or limit renewal options for riders with multiple helmet-related offenses.
Surcharges can significantly raise your motorcycle insurance premiums, sometimes by hundreds of dollars annually. These increases can be exceptionally steep for bikers because insurers classify motorcycles as higher-risk vehicles.
The Impact of Helmet Laws on Motorcycle Accident Claims
Massachusetts’ modified comparative negligence rule for accident claims affects how much compensation a person can recover based on their share of fault. Under this rule, you can recover damages as long as you were not more than 50% at fault for the accident. You cannot recover compensation if you are 51% or more to blame. However, even if you are less than 50% responsible, your damages will still be reduced by your share of the fault.
Therefore, failing to wear a helmet at the time of a crash can significantly impact a motorcycle accident claim. While it does not automatically make you fully responsible for your injuries, it can reduce your overall compensation.
For example, if you suffer head trauma in a collision caused by another driver, but you were not wearing a helmet, a court may find you 30% at fault for your injury because the trauma may have been minimized or avoided. Thus, your damages would be reduced by 30%—if you sustained $100,000 in damages, you could only recover $70,000.
Even in a clear-cut case, an insurer will likely argue that you were partially responsible for your injuries by not following state law. Thus, wearing a helmet is always advised. However, if you are in an accident while not wearing a helmet, an experienced motorcycle accident attorney can fight back against allegations of shared fault and seek to establish that your failure to wear a helmet did not cause or exacerbate your injuries.
Massachusetts Motorcycle Helmet FAQs
Do Any Exemptions Exist for Helmet Laws in Massachusetts?
No, Massachusetts’ helmet laws do not have any exemptions. You must wear a DOT-approved helmet while riding a motorcycle, regardless of your age, experience, or license type.
Massachusetts’s helmet law is much stricter than many other states, such as Florida, which allows riders over 21 to go without a helmet if they carry at least $10,000 in medical insurance. Similarly, New Hampshire has no motorcycle helmet law for adults at all.
For a motorcycle helmet to be legal under Massachusetts law, it must meet U.S. DOT safety standards and have a DOT certification label on the back with the name, model, and safety standard information.
Do Motorcycle Helmet Laws Apply to Passengers?
Yes, Massachusetts’ helmet laws apply to all operators and passengers, regardless of age or seating position. If a passenger is not wearing a helmet, the motorcycle operator is usually held legally responsible and receives the citation. A passenger’s helmet must adhere to the exact requirements as a driver’s, including having a DOT certification label.
How Do These Laws Impact Out-of-State Riders?
State laws require all motorcyclists and passengers to wear a helmet, even if they are coming from out of state. No exceptions are made for non-residents, even if their home state does not require helmet usage. Failure to comply with these laws can result in fines and insurance surcharges.
Massachusetts reports traffic violations to interstate databases, meaning your home state DMV and insurance provider will likely receive notice of the violation. The Commonwealth handles motorcycle helmet violations the same way it does other traffic offenses for out-of-state drivers, including speed limits, seat belt laws, and cellphone use bans.
Contact DiBella Law to Learn More About Massachusetts’ Helmet Laws
Wearing a helmet while riding a motorcycle in Massachusetts is not only required for legal reasons, but also essential for safety. A helmet can significantly reduce the chances of long-term medical complications. Motorcyclists have little protection from an impact and are at high risk of head and brain trauma.
If you or your loved one has been injured in a motorcycle crash, do not wait to secure help from DiBella Law today. Contact us to schedule a free, initial consultation.