The decision to wear a helmet can become a significant legal issue after a serious crash, especially when another party tries to shift attention away from the driver responsible for causing the accident. Fort Washington motorcycle helmet laws set conditional rules that focus on a rider’s age, riding experience, and safety training. Our experienced motorcycle accident attorneys can explain how those rules affect your claim.
At Friedman Schuman Layser, we represent injured riders and take cases across the State of Pennsylvania. If you are recovering from a motorcycle accident, our lawyers can examine the situation without neglecting the conduct that caused the collision or the losses to your life. Contact us today to get started.
When Does the State Require a Motorcycle Helmet?
Under 75 Pennsylvania Consolidated Statutes § 3525, every rider younger than 21 must wear protective headgear that meets Pennsylvania Department of Transportation standards. The same rule applies to a rider age 21 or older who has held a motorcycle license or permit for less than two full years, unless that rider has completed a PennDOT-approved motorcycle safety course.
A rider aged 21 or older may ride without a helmet after meeting either condition. However, they must have held the proper motorcycle license for at least two full calendar years or completed the approved safety course. State motorcycle helmet requirements in Fort Washington therefore create a partial helmet law rather than a universal mandate.
The statute also requires motorcycle operators to use an approved eye-protective device. Approved goggles or a face shield can satisfy this requirement. The eye-protection rule applies separately, so an operator who may lawfully ride without a helmet still must use qualifying eye protection.
Motorcycle Helmet Exemptions
Age alone does not establish an exemption from the motorcycle helmet law in Fort Washington. A rider who has reached 21 but has not completed two full years of motorcycle licensing must still wear a helmet unless they complete the approved safety course.
License records and course-completion records can establish whether the rider satisfied the statutory condition. Lawful helmet-free riding differs from violating the protective-headgear requirement. Neither circumstance, standing alone, determines who caused a collision.
The statutory framework also covers passengers. A passenger at least 21 years old may ride without a helmet when the motorcycle operator qualifies for the exemption. A passenger younger than 21 remains subject to the helmet requirement.
Does Helmet Use Affect an Injury Claim?
State fault principles govern local motorcycle accident claims, not by an assumption that riding without a helmet establishes responsibility. Under 42 Pa.C.S. § 7102, an injured person can recover when that person’s share of negligence is not greater than the causal negligence assigned to the defendants. The injured person’s percentage of fault reduces their recovery.
In Fort Washington, lawfully riding a motorcycle without a helmet is not automatic negligence, and a helmet argument must connect to the injuries claimed. Such an argument may carry weight for a head injury when reliable evidence links helmet use to the severity of that harm. The same argument should not reduce recovery for unrelated injuries merely because the rider exercised a lawful choice.
An alleged helmet violation also does not erase another driver’s responsibility for causing the crash. The analysis should separate the fault of the collision from whether the protective equipment caused a specific injury. Medical evidence and accident evidence can clarify that distinction.
Contact Our Fort Washington Attorneys About Motorcycle Helmet Laws
After a crash, you deserve a focused review of the helmet rule and the conduct that caused your injuries. Our lawyers at Friedman Schuman Layser are here to fight for you and provide clear guidance under Fort Washington motorcycle helmet laws.
The state generally requires that you file a personal injury action within two years under 42 Pa.C.S. § 5524. Contact our team today to discuss your claim and preserve important evidence while you learn how the statute of limitations applies to your case.