Motorcycle riders in Pennsylvania are paying close attention to recent changes in helmet legislation—and so are personal injury attorneys. While wearing a helmet has always been a strong safety recommendation, Pennsylvania’s revised helmet laws could now significantly impact your ability to recover compensation after an accident.
Whether you ride every weekend or only occasionally, it’s critical to understand how these changes may affect liability, insurance claims, and your legal rights after a crash.
What Are the New Pennsylvania Motorcycle Helmet Laws?
As of 2025, updated legislation in Pennsylvania has expanded helmet requirements. Key changes include:
- Mandatory helmet use for riders under 21 and passengers under 18, regardless of experience.
- Riders over 21 may ride without a helmet only if they have held a motorcycle license for at least 2 years or have completed a PennDOT or MSF-approved safety course.
- All riders must wear eye protection, regardless of helmet choice.
The law’s intent is to reduce traumatic brain injuries (TBIs) and fatal accidents—which have been on the rise among non-helmeted riders in the state.
How Helmet Use Affects Injury Claims in Pennsylvania
If you are injured in a motorcycle accident and weren’t wearing a helmet, it could affect your ability to recover compensation, especially for head and neck injuries.
Here’s why:
- Comparative Negligence Comes Into Play
Pennsylvania follows a modified comparative negligence rule. If you’re found more than 50% at fault, you can’t recover damages. Even if you’re less than 50% at fault, your compensation is reduced by your percentage of fault.
If the defense can prove that not wearing a helmet contributed to the severity of your injuries, they will likely argue you share responsibility—especially for TBIs, facial fractures, or eye injuries.
- Insurance Companies Will Use Helmet Non-Use Against You
Insurers may reduce payouts or deny claims, alleging that:
- Your injuries were avoidable.
- You violated safety protocols.
- You didn’t take reasonable steps to mitigate harm.
These arguments can significantly impact your settlement value.
Legal Exceptions Still Matter
If you were legally exempt from wearing a helmet under the new law (e.g., over 21, properly licensed), you still have rights. However, you’ll need a skilled attorney to:
- Prove the other party’s fault caused the accident.
- Demonstrate that your injuries would have occurred even if a helmet was worn, where applicable.
- Neutralize comparative negligence claims using medical evidence and expert testimony.
What Damages Can Be Affected by Helmet Non-Use?
While you can still recover for:
- Medical expenses
- Lost wages
- Property damage
Your ability to collect pain and suffering, future care costs, and non-economic damages may be limited or challenged more aggressively without helmet use.
Tips for Riders: Protect Your Rights and Your Health
- Always wear a DOT-approved helmet, even if not legally required.
- Document any accident scene thoroughly.
- Never admit fault or discuss helmet use with insurance adjusters.
- Contact a motorcycle accident attorney immediately.
Injured in a Motorcycle Accident in PA? We Can Help.
At Jensen Bagnato, P.C., we understand the unique challenges facing motorcyclists. Whether you were wearing a helmet or not, you still have legal options. Let us evaluate your case, push back against unfair blame, and help you seek the compensation you deserve.