Putting on a helmet before you get on a motorcycle is one of the smallest things you can do that has a huge impact on your safety while riding and the likelihood of suffering a fatal injury in a wreck. Not every state requires all motorcycle riders to wear helmets at all times, and Pennsylvania is one of those states that does not have a universal helmet law.
Just because the law isn’t universal, doesn’t mean there is no one bound by it, and violating Hershey motorcycle helmet laws might seriously affect how much money you can get after a crash through an insurance claim or a third-party lawsuit. A seasoned motorcycle accident attorney can further explain what helmet rules do—and do not—apply to different motorcycle riders in the Commonwealth.
What Does State Law Say About Motorcycle Helmets?
75 Pennsylvania Consolidated Statutes § 3525 seems at first to say that no one can ride a motorcycle without a helmet that meets safety standards set by the United States Department of Transportation. If you read a bit further, there’s a subsection of this statute that lists exceptions to the usual motorcycle helmet law for riders in Hershey and throughout the Commonwealth.
Specifically, if you’re at least 21 years old and have had a valid motorcycle operator’s license for two full calendar years or have completed a DoT or Motorcycle Safety Foundation-approved motorcycle safety class, you don’t have to wear a safety helmet while riding. You also don’t have to wear a helmet if you’re operating or riding as a passenger in a three-wheeled motorcycle that has an enclosed cab.
What Counts as a Helmet?
The specific standards a motorcycle helmet has to meet in order to receive approval from the DoT are extensive. Any helmet with a DoT sticker on it is approved for the purposes of Hershey’s motorcycle helmet laws. You’ll also need to make sure the helmet has a sticker on it listing the helmet’s size, manufacturer, model ID, and manufacture date.
There’s no requirement in Pennsylvania law for a motorcycle helmet to have a visor or windscreen attached to it, but there is a requirement for riders to wear eye protection of some kind even if they’re otherwise exempt from the helmet law. If you don’t wear a helmet with an attached visor while riding, you’ll need to wear something else like goggles or riding glasses—ideally with shatter-proof lenses—in order to stay in compliance with the law.
A Hershey Attorney Can Go into More Detail About Motorcycle Helmet Laws
On top of keeping you safe, wearing a helmet while riding your motorcycle can also be key to getting the most money possible in the event that someone else causes you to get hurt in an accident. If a court or insurance provider believes you could’ve avoided injury by wearing a helmet, they might hold it against you as comparative fault and reduce your final monetary award based on your share of total fault.
If you have questions about Hershey motorcycle helmet laws or a possible civil claim over a motorcycle crash, our lawyers can answer them during a private initial meeting. Call Ostroff Godshall Injury and Accident Lawyers today to learn more.
