Massachusetts motorcycle and bicycle helmet use laws

It’s no secret that individuals who ride a bicycle or motorcycle without a helmet are at a much greater risk of suffering severe head injuries if they are involved in a bicycle or motorcycle accident.

The history of motorcycle helmet laws in the United States is characterized by change. In 1967, to increase motorcycle helmet use, the federal government required the states to enact helmet use laws in order to qualify for certain federal safety programs and highway construction funds. The federal incentive worked. By the early 1970s, almost all the states had universal motorcycle helmet laws. Michigan was the first state to repeal its law in 1968, beginning a pattern of repeal, reenactment, and amendment of motorcycle helmet laws. In 1976, states successfully lobbied Congress to stop the Department of Transportation from assessing financial penalties on states without helmet laws.

No state has a universal bicycle helmet law. Only 21 states and the District of Columbia have statewide bicycle helmet laws, and they apply only to young riders (often riders younger than 16). Local ordinances in a few other states require bicycle helmets for some or all riders.

Low-power cycle is a generic term used by the Institute to cover motor-driven cycles, mopeds, scooters, and various other 2-wheeled cycles excluded from the motorcycle definition. While state laws vary, a cycle with an engine displacement of 50 cubic centimeters or less, brake horsepower of 2 or less, and top speeds of 30 mph or less typically is considered a low-power cycle. Twenty-three states have motorcycle helmet laws that cover all low-power cycles. Twenty-four states and the District of Columbia have laws that cover some low-power cycles.

Again, Massachusetts is among a fairly small number of states that require helmets for low-power cycles.

At Curran & Desharnais, P.C., we combine a substantial amount of legal experience with a unique perspective of the insurance industry to provide professional representation for victims in all types of bicycle and motorcycle accidents. Call 781-618-3197 to discuss a case or to discuss a question you may have.

Motorcycle Accidents, Personal Injury, Uncategorized

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