Does Nevada have a helmet law for motorcycle riders and their passengers?
Yes, and it is of the “universal” variety, which means it applies to anyone who is riding on a motorcycle, whether as an operator or passenger, and regardless of their age. By contrast, a lot of states have helmet laws that apply just to people who are under a certain age, such as 18, but Nevada is not one of those.
Nevada’s motorcycle helmet law says, “When any motorcycle, except a trimobile or moped, is being driven on a highway, the driver and passenger shall wear protective headgear securely fastened on the head and protective glasses, goggles or face shields meeting” certain standards adopted by the Nevada Department of Public Safety.
You can read the full text of Nevada’s motorcycle helmet law (plus provisions related to protective eyewear) at Nevada Revised Statutes section 486.231. And you’ll find more information on motorcycle safety and equipment regulations in Nevada on the Nevada Bureau of Motor Vehicles Motorcycles, Mopeds, and Bicycles page.
If you ride a motorcycle without a helmet in violation of Nevada law, it could end up costing you in more ways than one if you get into a motorcycle accident. And that’s true even if another driver actually caused the accident.
That’s because Nevada courts follow a rule called “modified comparative negligence” when the person who files the personal injury claim (the plaintiff) is also partially responsible for his or her injuries from a legal standpoint.
So, if the jury in your case decides that your failure to wear a helmet amounted to negligence -- and that is a very real possibility especially if you suffered head injuries -- any compensation you receive will be reduced by a percentage that’s equal to your share of fault. Learn more about this rule in our article Nevada Car Accident Laws.
by: David Goguen, J.D.