Is there a motorcycle helmet law for riders and passengers in Massachusetts?

Find out Massachusetts motorcycle helmet law and headgear safety requirements for bikers and passengers, including age limits and more.

Get the compensation you deserve. We've helped 215 clients find attorneys today.

There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

Question

Is there a motorcycle helmet law for riders and passengers in Massachusetts?

Answer

Yes. Massachusetts is one of many states in the U.S. that have enacted a "universal" helmet law for anyone riding on a motorcycle (whether as an operator or passenger).

The relevant part of the statute (Massachusetts Part I, Title XIV, Chapter 90, Section 7) reads:

"Every person operating a motorcycle or riding as a passenger on a motorcycle or in a sidecar attached to a motorcycle shall wear protective head gear conforming with…minimum standards of construction and performance,… and no person operating a motorcycle shall permit any other person to ride as a passenger on such motorcycle or in a sidecar attached to such motorcycle unless such passenger is wearing such protective head gear."

So, not only are motorcycle riders and passengers required to wear a helmet in Massachusetts, but anyone operating a motorcycle is under an additional legal obligation to make sure that his or her passengers are wearing a proper helmet.

So, what if you're injured in a motorcycle accident and you weren't wearing a helmet, in violation of Massachusetts law? You could be in for an uphill battle if you decide to file a personal injury lawsuit against the driver who caused the accident.

Massachusetts courts follow a "comparative fault" system when deciding how an injured person's case is affected if they bear some level of fault (for the accident or for their injuries). And while it's not cut-and-dry, violation of a helmet law will probably lead to a finding of shared blame, especially if you're trying to get compensation for head injuries.

If your personal injury case goes to a jury, they'll decide what percentage of fault to assign you, and under Massachusetts's comparative fault rules, any damages award will be reduced by an amount that's equal to that percentage. (Get more information in our article Massachusetts Car Accident Laws.)

Make the Most of Your Claim
Get the compensation you deserve.
We've helped 215 clients find attorneys today.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you