What Are the Helmet Laws for Motorcycle Accidents in NC?

What Are the Helmet Laws for Motorcycle Accidents in NC?

Direct Answer: North Carolina requires all motorcycle riders and passengers to wear approved safety helmets at all times while the vehicle is in motion. There are no exceptions based on age, experience, or insurance coverage—helmets are mandatory for everyone on a motorcycle.

North Carolina's Helmet Requirements

North Carolina General Statute § 20-140.4 mandates that every person operating or riding on a motorcycle must wear a safety helmet. The helmet must meet Federal Motor Vehicle Safety Standard 218, which ensures proper impact protection, retention system strength, and adequate coverage.

Law enforcement can stop motorcyclists solely for helmet violations, and failure to comply results in a fine and court costs. However, not wearing a helmet does not automatically bar you from recovering compensation if another driver causes your accident.

How Helmet Use Affects Your Injury Claim

While North Carolina's contributory negligence rule is strict, failing to wear a helmet typically only affects damages related to head injuries, not liability for the accident itself. Insurance companies often argue that:

• Head injuries would have been less severe with proper helmet use
• Compensation for head trauma should be reduced accordingly
• Your failure to follow the law demonstrates negligence

However, if another driver caused the collision through distracted driving, running a red light, or other negligent behavior, you may still recover compensation for other injuries and damages.

Protecting Your Rights After a Motorcycle Accident

At The Law Offices of John M. McCabe, our personal injury lawyers understand how insurance companies exploit helmet law violations to reduce settlements. Our motorcycle accident lawyers build strong cases demonstrating that the other driver's negligence caused your accident and counter arguments attempting to blame you for your injuries.

Whether you were wearing a helmet or not, if another driver caused your motorcycle accident, contact our car accident lawyers to discuss your case and learn how we can fight for the compensation you deserve.