Missouri's Universal Motorcycle Helmet Law

If you were in a motorcycle accident in Missouri before 2020, chances are you were wearing a helmet at the time. Until 2020, Missouri enforced a universal motorcycle helmet law, which meant that every motorcycle driver and passenger, of any age, was required by law to wear a helmet while riding. However, when Missouri repealed its universal motorcycle helmet law in August 2020, the number of motorcyclists who wore helmets while riding decreased significantly. As a result, the number of persons killed while riding without a helmet sky-rocketed.

According to the U.S. Department of Transportation, National Highway Traffic Safety Administration, in 2022, in states that enforced universal helmet laws, 93% of motorcyclists wore helmets, and only 11% of motorcyclists killed were not wearing helmets. In states without universal helmet laws, there was only 64% helmet use, and nearly 60% of all motorcyclists killed were not wearing a helmet. In Missouri, in 2018, two years before the change in the helmet law, there were only 19 Missouri motorcyclist who were killed while not wearing a helmet. In the two years after the law changed, that number increased to 155.

In its 2024 Executive Summery, the Missouri Department of Transportation reported that 2023 was the deadliest year on record in Missouri, which experienced 174 motorcycle fatalities last year. It was also the deadliest year for the City of Kansas City, which saw a record-high 18 motorcycle fatalities last year—double the number of motorcycle fatalities in 2013.

Increased Fatalities After Helmet Law Repeal

As of September 2024, since the time Missouri stopped requiring universal helmet use, there has been a 47% increase in motorcycle fatalities and an incredible 570% increase in the number of motorcyclists killed while not wearing a helmet, making Missouri the most dangerous state in which to ride a motorcycle after only Arkansas and Texas.

This article discusses the current motorcycle helmet law in Missouri and the effect of Missouri’s repeal of its helmet law in 2020. Although the current motorcycle helmet law in Missouri allows some motorcyclists to ride without a helmet, the legal team at Foster Wallace urges everyone, of all ages, to always wear a helmet when riding a motorcycle, even as a passenger. And if you or someone you love is injured in a motorcycle accident, call the motorcycle accident attorneys at Foster Wallace. We have nearly fifty years of combined experience helping injured clients obtain fair compensation for damages sustained after a motorcycle crash, and we can help you recover financially as well.

What Does the Missouri Motorcycle Helmet Law Require?

According to the Governors Highway Safety Administration, as of May 2024, there are seventeen (17) states that have a universal helmet law requiring helmets for all riders. There are twenty-nine (29) states, including Missouri, that require helmets only for specific categories of riders. Only three (3) states—Illinois, Iowa, and New Hampshire—have no motorcycle helmet laws.

Beginning in August 2020, Missouri no longer required every person riding a motorcycle to wear a helmet. Instead, Missouri now allows motorcyclists and riders who are 26 years of age or older to ride without a helmet if they have proof of satisfactory liability insurance and are covered by some form of health insurance that covers medical costs if injured in a crash. Anyone under 26 years of age is required to wear a helmet at all times.

As in other states that have relaxed their helmet laws, however, Missouri has seen a direct correlation between the rise in motorcycle fatalities and its repeal of the previous universal helmet law.

What Are the Most Common Causes of Motorcycle Fatalities?

Since 2020, as restrictions from the Covid pandemic started to relax, the volume of traffic on Missouri highways has steadily increased. It seems logical to think that increased traffic volume may have contributed as a cause for the increase in motorcycle accidents and fatalities during that time. However, the Missouri Department of Transportation reports that unlike motorcycle fatalities, other roadway fatalities declined in 2023, which suggests that there are other factors accounting for the increase in motorcycle fatalities.

According to the Missouri Department of Transportation, there is not just one reason for the increase in motorcyclist fatalities since 2020. Instead, there are a number of factors, the most prominent of which are rider impairment, speeding, and not wearing a helmet.

  • Impairment.  A report by the National Highway Traffic Safety Administration (NHTSA) reveals that in 2021, alcohol was involved in 36% of all motorcycle fatalities in the United States and in 28% of the motorcycle fatalities in Missouri. Motorcyclists were impaired in 42% of single-vehicle motorcycle accidents nationally in the same year.
  • Speeding.  Even if you are wearing a helmet, your chance of being injured or killed in a motorcycle accident increases as your speed on the motorcycle increases. Speeding not only reduces your reaction time to avoid an accident, it decreases the likelihood of other drivers on the road seeing you and exercising caution around you. The nature and extent of possible injuries, including “road rash” and serious head trauma, become much more significant when speeding on a motorcycle.
  • Helmet Use.  Even if you are not speeding, the chance of serious injury or fatality in a minor motorcycle crash is significant if you are not wearing a helmet. According to the Insurance Institute for Highway Safety (IIHS), a motorcyclist who is not wearing a helmet is three (3) times more likely than a helmeted rider to suffer a traumatic brain injury in an accident. Using a helmet reduces the risk of serious head injury by 69% and the risk of fatality by 42%.

According to a review of all U.S. motorcycle helmet laws by the NHTSA, States that enforced universal helmet laws:

  • Had 53% more helmet use than states with limited or no helmet requirements;
  • Had 29% fewer motorcycle fatalities;
  • Had lower fatality rates per registered motorcycle and per vehicle mile traveled; and
  • Had economic benefits at the societal level due to less productivity loss and avoided healthcare costs.

In a much more comprehensive study on the impact of helmet laws on motorcycle crash mortality rates from 1999 to 2015, researchers concluded that throughout the duration of the study, universal helmet laws were associated with a declining mortality rate, while partial helmet laws were associated with an increasing mortality rate.

Can Missouri’s Motorcycle Helmet Law Affect My Motorcycle Accident Claim?

Before 2020, when Missouri had a universal motorcycle helmet requirement, if you were injured in a motorcycle accident and were not wearing a helmet, you were breaking the law, which could affect an insurance company’s position on fault and thereby reduce your recovery under Missouri’s comparative negligence approach to liability.

Now, because Missouri has a limited helmet law, the effect of not wearing a helmet on a personal injury claim can be more complicated. Not wearing a helmet is not necessarily an indication of contributory negligence, per se, but an insurance company can claim that not wearing a helmet contributed to the severity of a plaintiff’s injuries or fatality and argue to reduce the amount of compensation. Likewise, if your personal injury claim goes to trial, a jury may already have a preconceived bias against motorcycles and motorcycle riders and may view the failure to wear a helmet as simply reckless or irresponsible. Although you may not have violated the motorcycle helmet law in Missouri, it could affect how the jury views your damages in your motorcycle accident claim.

Do I Need to Hire a Missouri Motorcycle Accident Lawyer?

Every motorcycle rider makes a conscious personal choice whether to wear a helmet when riding. But most riders don’t usually consider how their decision may affect their financial compensation if they were to be injured in an accident while riding.

If an accident should occur, you want an experienced motorcycle accident attorney who knows how the Missouri helmet law works and how it could affect the outcome of your motorcycle accident claim. A knowledgeable motorcycle accident attorney will help you navigate your claim after a motorcycle accident by:

  • Collecting evidence relevant to proving fault;
  • Establishing the correct medical evidence to demonstrate and appropriately value your injuries;
  • Negotiating with the insurance company to reach a fair settlement;
  • Countering the bias that may be associated with the Missouri helmet laws that may affect the outcome of your case;
  • Preparing for trial, if necessary; and
  • Fighting tirelessly to obtain a maximum compensation award for your injuries.

Having an experienced motorcycle accident lawyer on your side could make the difference between fully recovering financially for your injuries so you can pay your medical bills after your motorcycle accident, or accepting an unfair settlement from the insurance company because you don’t have the professional advice you need to protect your interests.

Contact the Experienced Motorcycle Accident Lawyers at Foster Wallace, LLC

If you or someone you love has been injured in a motorcycle accident, it is important to understand how the Missouri motorcycle helmet law may affect your claim for recovery. At Foster Wallace, although we encourage every rider to use physical protection by wearing a helmet every time they ride, we respect each rider’s decision on helmet use and will fight to maximize every rider’s financial protection if a motorcycle accident occurs.

The dedicated legal team at Foster Wallace is ready and willing to meet with you to assess your case, establish fault, value your damages, file your claim, and negotiate a fair settlement or obtain a proper recovery at trial. We will advise you on the proper steps to take to move forward, and we will work tirelessly to assist you during this challenging time.