Nevada’s motorcycle helmet laws require all riders and passengers to wear helmets. Although mandatory helmet use is not popular among all motorcyclists, studies show that wearing a helmet can significantly reduce the risk of serious and fatal head injuries if accidents occur.
Regardless of where you stand on helmets, knowing and following the law is always important. This is especially true if you are hurt in a motorcycle accident. Failure to wear a helmet is a traffic violation. It could reduce the amount of financial compensation you can receive for your injury(s), even if the accident was someone else’s fault. A knowledgeable motorcycle accident attorney can explain how wearing a helmet may impact your ability to recover money for your losses in Nevada.
At THE702FIRM Injury Attorneys, our lawyers know that motorcycle crashes frequently result in some of the worst injuries. Let us fight to hold the responsible party(s) accountable for hurting you. We can handle every aspect of your legal claim from start to finish, all with minimal interruptions to your life. And we can start right away by scheduling a free consultation.
There are only two things you have to remember if you hire THE702FIRM Injury Attorneys. Healing is your job. Fighting for your compensation is ours.
Call or contact us today to speak with an experienced motorcycle accident lawyer in Las Vegas.
What Is Nevada’s Motorcycle Helmet Law?
Nevada Revised Statutes Section 486.312 requires all motorcycle riders to wear helmets approved by the U.S. Department of Transportation. Failing to wear a compliant helmet is a misdemeanor that can result in fines and two demerit points on the rider’s license.
For decades, various legislative efforts have attempted to repeal Nevada’s universal helmet law, without success. In fact, Nevada motorcycle helmet law was expanded to cover riders on trikes and mopeds. Riders on a three-wheeled motor vehicle with an enclosed cab are not required to wear a helmet.
Why Should You Wear a Helmet?
In addition to being required by law, wearing a motorcycle helmet is the most basic safety step that riders can take. According to the Advocates for Highway and Auto Safety, motorcycle helmets cut the risk of head injury by 69 percent and reduce the chances of death by 42 percent.
Do Motorcycle Passengers Have to Wear Helmets?
Yes. In addition to helmets, both operators and passengers must wear eye protection in the form of goggles or a face shield on the helmet if a motorcycle is not equipped with a windshield.
Motorcycle Helmet FAQs
The standards for helmets set forth by U.S. DOT include:
- Helmets must weigh at least three pounds.
- Helmets must have an inner liner of a minimum one-inch-thick layer of polystyrene foam.
- Helmets must be secured to the rider’s head by chinstraps anchored to the helmet by rivets.
- Any extra components may not extend further than two-tenths of an inch from the helmet surface.
- Helmets must include a label indicating the manufacturer name, helmet model name, year of manufacture, and materials used in construction.
- Helmets must also bear a DOT sticker.
These standards come from Federal Motor Vehicle Safety Standards 218.
Yes. However, under Nevada’s comparative negligence rules, any compensation you may be entitled to for your injuries may be reduced if the insurance company or a jury determines that some of your injuries were caused in part by your failure to wear a helmet. If you’re found to be more than 50 percent responsible for causing the motorcycle accident, you could be barred from obtaining any compensation whatsoever.
Proving liability for a motorcycle accident requires a thorough investigation. The other driver’s insurance company will assign an adjuster to examine the facts to determine liability. They will be looking for any reason to reduce or deny your claim, and helmet use will be one of the first factors they will examine, especially if you suffered a traumatic brain injury (TBI). For this reason, it’s critical to hire a motorcycle accident lawyer to represent your interests and perform an independent investigation.
Remember: Failure to wear a helmet does not automatically mean that you can be denied compensation in Nevada.
It never hurts to talk to a motorcycle accident lawyer if you are involved in a crash. You should always contact an attorney if:
- Someone was injured or died in the collision.
- The accident was a hit and run.
- The insurance company is denying liability because you were not wearing a helmet.
- You believe the settlement offer is too low.
- You were wearing a helmet, but it was not DOT-approved.
- You don’t know what to do.
Once your insurer learns that you were not wearing a helmet on your motorcycle, they may choose to raise your premiums, as insurers consider not wearing a helmet to constitute risky behavior.
Motorcycle Fatalities in Nevada
According to data from the National Highway Traffic Safety Administration, Nevada had a total of 56 motorcyclist fatalities in a single recent year. The majority of fatalities involved helmeted riders, but this is unsurprising given the Nevada helmet law.
Contact Our Motorcycle Accident Lawyers in Las Vegas for Help with Your Case
Contact THE702FIRM Injury Attorneys today for a free, no-obligation consultation if you have been hurt in a motorcycle crash. You’ll have the opportunity to speak with a knowledgeable Las Vegas motorcycle accident lawyer about your rights and legal options.
Don’t wait until it is too late to seek the answers and justice that you deserve. Call us or contact us today to get started or visit our motorcycle accident lawyer offices in Las Vegas, NV.