Riding a motorcycle offers freedom and thrill—but it also comes with serious risks, especially when helmet laws are ignored or misunderstood. If you’ve been hurt in a crash, understanding Louisiana’s helmet requirements could impact your ability to recover full compensation.
At Anderson Blanda & Saltzman, our motorcycle accident lawyer in Lafayette is here to help riders understand their rights and fight for the justice they deserve after an accident.
Statistics clearly show that wearing a proper safety helmet can save your life and reduce the risk of severe brain injury in a crash. According to the National Safety Council (NCS) Injury Facts, motorcycle helmets are estimated to be 37% effective in preventing death to motorcycle operators and 41% effective in preventing death to passengers.
Despite these findings, Louisiana is one of only 17 states (plus the District of Columbia) to require all motorcyclists and passengers to wear a helmet when riding.
Helmets Are Still Required in Louisiana
There have been recent unsuccessful attempts to change Louisiana motorcycle helmet laws. Yet, all passengers and operators of motorcycles must wear a proper safety helmet according to Louisiana Revised Statutes 32:190 (A), which states:
“No person shall operate or ride upon any motorcycle, motor-driven, or motor-sized bicycle unless the person is equipped with and is wearing on the head a safety helmet of the type and design manufactured for use by operators of such vehicles, which shall be secured properly with a chin strap while the vehicle is in motion. All such, safety helmets shall consist of lining, padding, visor, and chin strap and shall meet such other specifications as shall be established by the commissioner.”
Exceptions to the Louisiana Helmet Law
Sections C. and D. of Louisiana Revised Statutes 32:190 provide two exceptions to the helmet requirement:
- The “police authorities of a village, town, city, or parish may issue a permit exempting members of organizations sponsoring, conducting, or participating in parades or other public exhibitions” from the helmet requirement while such members are participating in the parade or event.
- The requirement does not apply “to a person operating or riding in an autocycle if the vehicle is equipped with supports that meet or exceed the standards for a safety helmet or rollbar or roll cage.”
Therefore, if your motorcycle has an acceptable protective rollbar or rollcage, or if you are participating in an exempted parade or exhibition, you may be able to ride without the otherwise required helmet.
What Type of Helmet is Required?
Your helmet must meet specific standards. It must be designed for use by motorcycle riders, with features such as lining, padding, a visor, and a chin strap. Moreover, your helmet must be appropriately secured while the vehicle is in motion.
The National Highway Traffic Safety Administration (NHTSA) provides a valuable guide to choosing the right helmet for motorcycle operators and passengers. Helmets that meet the Federal Motor Vehicle Safety Standard (FMVSS) No. 218 will display the DOT symbol.
Benefits of Wearing a Helmet
Wearing a proper safety helmet can significantly reduce the chance of incurring a life-altering or fatal head injury in a motorcycle accident—but the benefits aren’t just health-related. Helmet use can also help protect your right to recover maximum compensation for damages incurred in a crash.
Louisiana follows a comparative fault rule that allows fault to be assigned to multiple parties. Louisiana Civil Code Article 2323 (A) states: “If a person suffers injury, death, or loss as the result of his own negligence and partly as a result of the fault of another person or persons, the amount of damages recoverable shall be reduced in proportion to the degree or percentage of negligence attributable to the person suffering the injury, death, or loss.”
If you were not wearing a helmet in an accident caused by another party, it may be argued that you were negligent, and your injuries would not have been as severe had you complied with the required helmet laws. If the court agrees, you may be assigned a portion of the fault for your injuries, and your compensation may be reduced accordingly.
Put simply, not wearing a helmet could put you at risk of a smaller settlement in case of accident.
Contact an Experienced Louisiana Motorcycle Attorney
If you were injured in a motorcycle accident caused by another party, you may be entitled to recover compensation for your damages. The Lafayette auto accident attorneys at Anderson Blanda & Saltzman have over a century of experience protecting the rights of injury victims and their families. Let us help you recover the compensation you are entitled to.
Call (337) 233-3366 or complete the short form on our contact page to schedule a free consultation to discuss your motorcycle accident claim.