North Carolina Motorcycle Helmet Laws
Helmets are a topic of controversy among some North Carolina motorcycle riders and road safety advocates. While research shows that helmets reduce riders’ risk of fatal injuries in a crash by 37 percent and their risk of head injuries by 69 percent, some riders find them uncomfortable or believe they should have the right to make their own choices.
However, the debate over North Carolina helmet laws also has practical considerations. Not following North Carolina’s universal helmet laws can lead to financial penalties, and you might also encounter more legal trouble if you were not wearing a helmet when a crash happened. That is why it is crucial to know the mandatory helmet laws and hire an experienced motorcycle accident lawyer after a collision.
Kornbluth Ginsberg Law Group, P.A., has over a hundred years of combined experience helping injured people. We’ve handled many motorcycle accident cases over the years. We are ready to put our experience and resources to work for you. Let us be the helping hand you need when you need it the most.
Call us today at 919-980-9895 or contact us online for your free consultation with a North Carolina motorcycle accident lawyer. Our office is conveniently located at 3400 Croasdaile Drive, Suite 300, Durham, NC 27705, and we are ready to help you understand your legal options.
Who Is Required to Wear a Helmet in North Carolina?
Under NCGS § 20-140.4 and according to the North Carolina DMV, all motorcycle operators and motorcycle passengers must wear helmets at all times when riding. Operators and passengers must also make sure the helmet is secure using a chin strap.
Unlike some states, North Carolina’s helmet law does not make exceptions for older or more experienced riders. In North Carolina, only autocycle riders and passengers are exempt from helmet requirements. Even then, the exception applies only if the autocycle has fully enclosed seating or has a roll bar or roll cage.
Helmet Requirements: What Qualifies as a Legal Helmet?
North Carolina law says all motorcycle helmets must meet federal safety standards. You can usually tell if a helmet meets these standards if it has a sticker with the phrase “FMVSS 218” on it, denoting the specific federal regulations these helmets must meet.
The North Carolina DMV also lists some other specific equipment requirements for helmets:
- Thick inner liner – A proper motorcycle helmet has a firm inner liner of polystyrene foam about one inch thick. The liner is designed to absorb the impact force during a crash. The inner liner is hidden under a comfort liner in many helmets, but operators and passengers should still be able to feel the inner liner’s thickness. Helmets without the thick layer or with only soft padding or no liner at all don’t meet the state’s safety requirements.
- DOT sticker – A compliant helmet must have a “DOT” sticker on the back showing that it meets U.S. Department of Transportation safety standards. The manufacturer must permanently place the sticker. Helmets that come with a separate sticker or allow the rider to add a sticker later do not meet state regulations.
- Manufacturer’s label – North Carolina motorcycle helmets must have a permanent label attached by the manufacturer. This label should list the maker’s name, the helmet model, size, the manufacturing date, the materials used for the shell and liner, and instructions for how to clean and care for the helmet properly. Any helmet with this label missing does not qualify under North Carolina law.
Penalties for Violating Helmet Laws in North Carolina
Motorcycle riders and passengers who don’t follow helmet laws in North Carolina face the following penalties:
- Civil infraction – Riding without a compliant helmet is a civil infraction, not a criminal offense. That means state authorities treat the offense like a traffic ticket instead of a criminal charge.
- Monetary penalty – The base penalty for violating North Carolina’s helmet law is a $25.50 fine.
- Additional court costs – Operators and passengers who break North Carolina’s motorcycle helmet rules must also pay extra fees. The additional fees include a General Court of Justice fee, a second court fee, a $1.50 fee to the county or city government where the infraction occurred, and a $1.50 fee that helps pay for supplemental pension benefits for sheriffs.
A few other points are worth noting about the penalties for violating North Carolina’s helmet laws. First, the law explicitly states that not wearing a helmet does not count as negligence per se or contributory negligence in a civil lawsuit. In other words, the fact that someone was not wearing a helmet does not mean they caused the crash and should not affect the outcome of a civil personal injury lawsuit.
Additionally, the state does not issue driver’s license points for violating the motorcycle helmet law. Insurance companies cannot raise your premiums because of this infraction, though they may look for other ways to increase your rates.
How Helmet Use Impacts Motorcycle Accident Injury Claims
Whether you were or were not wearing a helmet could have legal implications that significantly affect your motorcycle accident claim. Helmeted riders are more likely to avoid severe head injuries, which means shorter hospital stays, lower medical bills, and a better chance of recovering fully. On the other hand, unhelmeted riders often suffer more severe injuries like traumatic brain injuries (TBI), skull fractures, and permanent brain damage. Such injuries typically result in longer recovery times, increased time away from work, and expensive, ongoing medical care.
These factors can increase the total value of your personal injury claim because your losses are greater, but they can also complicate the claims process. Insurance companies may fight harder or dig deeper into your case when a lot of money is on the line. If you were not wearing a helmet during the crash, the other side may try to use that against you. The person who caused your injuries — or, more likely, their insurance company — might argue that you were partly to blame for how badly you were hurt.
Even though North Carolina law clearly says that not wearing a helmet does not count as contributory negligence in a civil case, that does not stop some insurers from trying to use it to reduce or deny your compensation. They may claim your injuries would not have been as bad if you had worn a helmet, hoping to shift some blame onto you. That is why having strong legal support can make a big difference. Our experienced motorcycle accident attorneys are ready to push back when the insurance company tries to unfairly shift blame for the crash.
Contact Kornbluth Ginsberg for Help After a Motorcycle Crash
At Kornbluth Ginsberg, we understand that your choice to wear a helmet should not affect your right to compensation after a motorcycle accident someone else caused. We have the resources and resolve to stand up for injured motorcyclists’ rights. Our motorcycle accident lawyers have over a century of combined experience, and we have helped injured riders like you recover fair compensation.
We are ready to tackle your case now. Call us at 919-980-9895 or complete our contact form today to set up a free consultation with our experienced attorneys.
