North Carolina law mandates that all motorcycle operators and passengers must wear helmets on public roadways. Unlike some states that have requirements based on age, experience, or type of motorcycle, North Carolina’s helmet laws apply to everyone.
Failure to comply can result in a fine. It can also complicate your case if you are injured in an accident without a helmet. While a lack of a helmet does not bar you from recovering compensation, in some cases involving head injuries, it may be considered a contributing factor.
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Who is Exempt From the North Carolina Motorcycle Helmet Law?
In short, nobody who rides a moped or a motorcycle on a public highway or roadway is exempt. If you are operating a motorcycle or if you are a passenger, under the North Carolina code, you must wear a protective helmet. Even moped riders are subject to helmet laws and expected to comply.
If you are riding a motorcycle on private property or a private road not open to the public, the law does not apply. However, ATV riders under the age of 18 still must wear helmets even when operating their machines on private land.
Another exception applies to autocycles, vehicles that resemble three-wheeled motorcycles but are considered a separate class. Autocycles with roll cages and safety belts are not included in the motorcycle helmet mandate.
What Constitutes a Protective Helmet?
Not every helmet will meet North Carolina’s helmet law standards. The law requires your helmet to be FMVSS 218 compliant.
Typical features of a legal helmet usually include:
- A thick inner liner of about one inch of polystyrene foam to absorb impact
- A DOT certification sticker
- A manufacturer’s label that includes information such as when the helmet was made and the construction materials
- A chinstrap or retention system of some kind that secures the helmet to the rider’s head
Even if a helmet looks like it could protect you in a crash, it is not considered legally acceptable if it does not meet these criteria. FMVSS 218 standards distinguish a protective helmet from a novelty helmet.
What are the Penalties for Not Wearing a Helmet in North Carolina?
If you are cited for riding a motorcycle without a helmet, it does not add points to your license and will not increase your insurance rates. Your fine will be approximately $25 plus court costs. Unless you choose to contest the ticket or other circumstances exist, you do not need to appear in court.
Each offense is treated separately, and fines do not increase with multiple incidents. While these penalties are relatively minor, remember that law enforcement can easily spot offenders. Multiple fines can add up fast.
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Can I Still Sue After an Accident if I Wasn’t Wearing a Helmet?
Yes, you can still file a personal injury claim for injury sustained in a motorcycle accident, even if you were not wearing a helmet at the time of the crash. The lack of a helmet in itself may not be used against you in determining liability for your injuries.
You can pursue compensation for:
- Medical bills
- Lost wages
- Future medical care needs
- Pain and suffering
However, if you sustained a head or neck injury, the opposing attorney may attempt to argue that your injuries would not have been as severe had you followed the law and worn head protection. If successful, this can reduce your total compensation.
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Where is the Law for Motorcycle Helmets in North Carolina?
The state’s motorcycle helmet laws are outlined in North Carolina Statute § 20-140.4.
This statute covers the full details of helmet laws, such as:
- Who must wear a helmet
- The type of helmet that is acceptable
- Negligence per se regarding helmets
- Fines and court costs
Further information on the importance of protective helmets for riders can be found with organizations such as the Motorcycle Safety Foundation.
Get Help After a Motorcycle Accident
North Carolina motorcycle helmet laws dictate that everyone, regardless of age or skill level, must wear a protective helmet while riding on public roads. If you do not comply and you are pulled over, you can receive a citation and a fine.
If you are injured in an accident and you were not wearing a helmet, this alone does not bar you from recovering compensation in a civil lawsuit. However, the opposing attorney may argue that your lack of prediction contributed to the extent of your injury, particularly with head traumas.
CR Legal Team, formerly known as Crumley Roberts, has more than 600 years of combined legal experience. When you are injured in an accident, We Stand Up For You®. Call today to schedule your free consultation and tell us about your motorcycle accident case.
