Numerous studies show that motorcycle helmets reduce serious brain injuries and save lives. Nonetheless, some riders balk at having to strap on a helmet whenever they get on a motorcycle. The result is more serious injuries in a collision.
Tennessee has a motorcycle helmet law on the books. If you refuse to wear a helmet, you can face fines, but also the prospect of reduced compensation after an accident. Contact Dennis & Winningham if you have a question about the Tennessee motorcycle helmet law or about your right to file an injury claim. A Chattanooga motorcycle accident lawyer is standing by.
Do You Have to Wear a Helmet in Tennessee?
This is an easy question to answer. Yes, you must wear a helmet. Tennessee has a universal helmet law. That means everyone must strap on a helmet.
Some states have laws that apply only to young riders, such as those under 18. But Tennessee has chosen a different path. According to Tennessee Code § 55-9-302, all motorcyclists and riders must wear a helmet.
There are some narrow exceptions under the law. You do not have to wear a helmet if you are a passenger in an enclosed cab or fully enclosed autocycle, riding a golf cart, or in a parade if you are at least 18 and riding no faster than 30 miles per hour. Some riders in a funeral procession can also avoid wearing a helmet.
Outside these narrow exceptions, everyone should put on a protective helmet.
Finding an Acceptable Helmet
The helmet law in Tennessee also states that riders should wear a helmet meeting federal safety standards. (49 CFR § 571.218.) However, riders who are 21 or older can choose a helmet that meets different standards set by:
- American Society for Testing Materials
- Consumer Product Safety Commission
- Southern Impact Research Center
- Snell Foundation
Your helmet should have a sticker showing it meets one of the above standards. Probably the easiest option is for all riders (even adults) to buy a helmet that meets the federal standards, since most helmets on the market will comply.
Does Tennessee Have Age-Based Exceptions?
No. All riders must wear a helmet. However, those who are 21 or older have a wider range of options, including helmets that don’t meet federal safety standards, provided they meet other standards, such as those set by the Snell Foundation.
You Also Need Eye Protection
Tenn. Code § 55-9-304 also requires that motorcycles be equipped with a windshield. Alternatively, any operator and passenger should wear a face shield, safety goggles, or glasses with impact-resistant lenses.
This law is designed to protect a person’s eyes from debris, such as dirt or dust. These irritants can injure the eyes, temporarily blind someone, and increase the risks of an accident.
Penalties for Violating the Helmet Law in Tennessee
If you do not wear a helmet, then you have committed a traffic offense. This can result in citations on your driving record, as well as a fine. Although these penalties might not seem severe, the real risk is that you will undermine your rights to a personal injury settlement for any accident.
How Violating the Tennessee Motorcycle Helmet Law Can Impact Your Personal Injury Case
Some riders refuse to wear a helmet, or they purchase a novelty helmet that doesn’t meet required safety standards. What happens if you get into a crash and suffer head or facial injuries?
Here is what will likely happen: the defendant will argue that your own failure to wear a helmet is negligence, and this negligence has contributed to your injuries. If successful, the defendant can reduce what they need to pay or possibly avoid paying any settlement.
Tennessee has a comparative negligence law that applies to personal injury cases, including motorcycle collisions. If a victim is 50% or more at fault, then they are completely barred from receiving any compensation. That means $0 from the defendant, even if their carelessness caused the wreck.
Your failure to wear an approved helmet can play into this calculation. For example, a jury might find your failure to wear a helmet makes you 60% responsible for the concussion you suffered. As a result, you will likely receive no compensation, even if you are badly hurt.
If your share of fault is less than 50%, you can receive reduced compensation. Your share of fault will lower the value of your claim.
As an example, you could suffer $200,000 in damages but are 30% at fault. That means you will receive $60,000 less. Someone whose claim was worth $100,000 but is 45% responsible will only get $55,000. Comparative negligence can take a real bite out of your compensation.
Speak with Our Office for a Free Consultation
Dennis & Winningham is proud to serve motorcyclists who are hurt in accidents. We have fought for compensation by filing claims on the driver’s liability insurance or suing them personally. We are happy to discuss your case, including how your injuries are affecting your life. Contact us at 423-719-7564 to schedule a free, no-risk consultation with an attorney. We serve those in the 37411 zip code and nearby areas.
