almost forgetting to wear helmet

Many motorcycle and bicycle riders prefer to avoid wearing helmets while riding for various reasons. However, riders may not understand when Tennessee law requires them to wear a helmet on a motorcycle or bicycle. If you own a motorcycle or bike, you need to know whether you need a helmet when you ride in Tennessee.

Does Tennessee Require Helmets for Motorcycle Riders?

Tennessee law imposes a universal helmet requirement for motorcycle operators and passengers. Riders under 21 must wear a helmet that complies with Federal Motor Vehicle Safety Standard No. 218. Riders 21 and older may wear helmets approved by the American Society for Testing Materials, the Consumer Product Safety Commission, the Southern Impact Research Center, or the Snell Foundation.

Motorcycle riders must also wear eye protection, such as a face shield on their helmet or goggles unless their motorcycle has a windshield.

Are You Required to Wear a Helmet on a Bicycle in Tennessee?

In Tennessee, the Child Bicycle Safety Act requires all bicycle riders under 16 to wear a helmet whenever riding a bicycle on a highway, street, or sidewalk. Helmets must meet or exceed the standards for bicycle helmets set by the American National Standards Institute or Snell Memorial Foundation or receive approval from the Tennessee Commissioner of Safety.

The law makes it illegal for a parent or legal guardian of a child under 12 to knowingly permit their child to ride a bicycle while not wearing an approved bicycle helmet.

Consequences of Not Wearing a Helmet

Not wearing a helmet while riding a motorcycle or bicycle can have consequences under criminal and civil law in Tennessee. Motorcycle riders who fail to wear a helmet while riding may face prosecution for a Class C misdemeanor, which carries a penalty of up to 30 days in jail or a fine of up to $50 or both. Parents or legal guardians who knowingly permit their child under 12 to ride a bicycle without a helmet may face a civil penalty of $2 plus court costs.

If you are injured in a motorcycle or bicycle accident while not wearing a helmet, that fact should not affect your right to compensation from the at-fault party – although insurance companies may unfairly try to shift the blame for the accident onto you. Failure to wear a helmet does not cause an accident and should not be a factor in comparative negligence.

At The Terry Law Firm, we encourage riders to wear helmets, but we are ready to fight insurance companies that try to shortchange injured riders by claiming not wearing a helmet contributed to the cause of the crash.

Talk to Our Experienced Tennessee Motorcycle Accident Lawyers

After suffering injuries in a motorcycle or bicycle accident that wasn’t your fault, contact us online or call The Terry Law Firm for a free, no-obligation consultation to talk to our personal injury lawyers about your legal rights to pursue compensation. We are ready to fight for your financial recovery even if you had an accident without wearing a helmet. Our small-town firm and big-city know-how can provide the legal representation you need during this difficult time.

Author: Brack Terry

Attorney F. Braxton “Brack” Terry has the legal skill, integrity, and trial experience to offer a high level of professional services to all of our East Tennessee clients. He strongly believes in the importance of strengthening and preserving civil advocacy throughout Tennessee’s legal community.