Delaware Motorcycle Helmet Laws

  • Delaware Injury Attorneys Discuss the Importance of Motorcycle Helmet Laws

    Compassionate counsel for motorcycle accident victims in Wilmington, Seaford and Newark, DE

    Motorcycles have incredibly powerful engines that allow them to achieve high speeds, but they provide no protection for the rider in the event of a crash. This is why wearing a helmet is so important: without one, the chances of sustaining a serious injury can increase significantly. Silverman, McDonald & Friedman represents injured motorcycle operators and passengers throughout Delaware. If you sustained injuries in a wreck, we are here to help.

    Motorcycle helmet laws in the U.S.

    There are two basic types of motorcycle helmet use laws: the first is a universal helmet law, which requires all motorcyclists to wear a helmet. The second type of helmet law is the partial law, which requires only certain motorcyclists (usually riders between the ages of 17 and 20) to wear a helmet.

    As of July 2023, Delaware law requires ALL riders of any age to wear a helmet and eye protection within the first two years of obtaining a motorcycle license. It also mandates that passengers must wear a helmet if the operator has had his or her license under two years.  It also requires all riders under the age of 19 to wear a helmet. Violations of the helmet law can result in fines between $25 and $50.

    Do motorcycle helmets prevent injuries?

    There is never a 100% guarantee that a helmet will prevent an injury. What motorcycle helmets do is reduce the likelihood of a severe injury. For example, a rider who is wearing a helmet at the moment of impact may still sustain a concussion, but the helmet could prevent that rider from suffering a severe brain injury, damage to the cervical vertebrae, facial scarring or disfigurement (based on the type of helmet), or other serious injuries.

    Do motorcycle helmets save lives?

    The National Highway Traffic Safety Administration reports that in 2021, “there were 5,932 motorcyclists killed, 14 percent of all traffic fatalities” and the highest number of fatalities since 1975. Per their data, “in States without universal helmet laws, 55 percent of motorcyclists killed in 2021 were not wearing helmets, as compared to 9 percent in States with universal helmet laws.” Note that Delaware is not a universal helmet law state.

    Helmet use has the potential to save lives, but motorcycle helmet laws in the United States have been fraught with controversy. Despite the fact that they provide protection from death and head injury, there are many riders who prefer not to wear a helmet, or who prefer that there not be a law requiring them to wear a helmet.

    Choosing and wearing an approved motorcycle helmet

    The National Highway Transportation Safety Administration website provided a brochure on how to identify unsafe motorcycle helmets. It also provides the following guidance for choosing the right helmet for your needs, based on:

    • The size and shape of your head
    • The style of helmet
    • The helmet’s safety ratings

    At the law firm of Silverman, McDonald & Friedman, we protect the rights of our clients who have been injured in motorcycle accidents. Our team of Delaware motorcycle accident lawyers investigate the incident and discover who is at fault in causing the accident, and we will hold the responsible party liable for the injuries you have suffered. We strive to win the best compensation possible for our injured clients. Put our skill, experience, and winning record to work in your favor today.

    Schedule a free consultation to discuss your motorcycle accident today

    Injuries suffered in motorcycle accidents can devastate people’s lives. At the law firm of Silverman, McDonald & Friedman, we fight diligently for the rights of motorcycle riders who have been injured in crashes with passenger or commercial vehicles. Please call us or fill out our contact form to schedule a free consultation to discuss your case and get sound, legal advice. From our offices in Wilmington, Newark, and Seaford we serve clients throughout Delaware.