Helmet Laws in Tennessee

Riding a motorcycle is an exciting experience, especially on Tennessee’s many beautiful highways and rural roads. Yet, without a helmet, you are at much higher risk of injury and death in a crash. In addition, there are specific helmet laws in Tennessee that you must follow, or you could suffer legal consequences.

A motorcycle accident lawyer in Nashville, TN from Selvidge Injury Law can guide you through obeying helmet laws and what to do if you’ve been hurt by someone in a motorbike crash. Call us at (615) 864-0343 for a free case review with our Nashville injury law firm.

Tennessee Motorcycle Helmet Laws

Under Tennessee Code Annotated § 55-9-302, all motorcycle operators and passengers must wear approved helmets when in motion. This applies to any motor-driven cycle, including scooters and smaller bikes, on any public roadway. Under this universal helmet law, all residents and visitors must wear a helmet.

You must wear a helmet that’s been approved under Federal Motor Vehicle Safety Standard (FMVSS) No. 218. You can identify these helmets by the following indicators:

• They have a sticker on the back showing compliance with the Department of Transportation (DOT), the American Society for Testing Materials, the Consumer Product Safety Commission, the Southern Impact Research Center, or the Snell Foundation.
• They should have a 1-inch or thicker inner liner made of firm polystyrene foam.
• They have substantial chin straps held on by rivets.
• They have a label indicating the model and manufacturing details.

Novelty helmets or those known as “skullcaps” may not meet these requirements, making them unsafe and illegal. In fact, a study by the National Highway Traffic Safety Administration (NHTSA) found that novelty helmets have no ability to minimize damage to the head during impact, making them essentially equal to wearing no helmet at all. Testing showed that the helmets cracked, allowing a striking object to contact the head directly.

Exceptions to Tennessee’s Helmet Laws

There are 3 very specific times when you don’t have to wear a helmet while riding a motorcycle in Tennessee. These times are:

• You are riding in a parade going under 30mph, and you are 18 years old or older.
• You are riding in a funeral procession or memorial ride, as long as you have a police escort and the event isn’t longer than 50 miles. You must also be 21 or older.
• You and your passengers are completely enclosed in a cabin or roll cage and are wearing safety belts. This exception includes three-wheeled autocycles that have safety belts, a steering wheel, and non-straddle seating.

Outside of these strict situations, you must wear a helmet any time you are riding a motorcycle on public roads. If you are on private land, you could still be charged for violating the helmet law if you are involved in a motor vehicle accident in Nashville.

What Happens if You Ride a Motorcycle in Tennessee Without a Helmet?

If you’re lucky, the worst thing that happens if you ride your motorcycle without a helmet is that you get a ticket for violating the law. It’s a Class C misdemeanor with a $50 fine and up to 30 days in jail. If you’re not lucky, you could suffer extremely serious injuries, including traumatic brain injuries, or die because you didn’t wear a helmet.

If you end up somewhere in between, the fact that you didn’t have a helmet on will work against you in insurance claims or lawsuits. Under Tennessee’s modified comparative fault law, you can seek damages from other drivers if you are less than 51% to blame. Without a helmet, an insurance company or defendant might successfully argue that you are responsible for some of the injuries that you sustain in a wreck.

This can result in a lower settlement, since your percentage of blame decreases what you can receive by the same amount. A $100,000 motorcycle accident claim may end up being only $60,000 if you are 40% at fault. Insurance companies and jurors could fall victim to motorcycle bias and try to reduce what you receive, unless you have an experienced and powerful attorney on your side.

Possible Injuries That Could Result From Not Wearing a Motorcycle Helmet

Although there are fewer motorcycles registered in the United States compared to other vehicles, they represent 15% of traffic fatalities every year, according to the National Highway Traffic Safety Administration (NHTSA). Most accidents involve other vehicles since motorists in larger cars and trucks overlook smaller motorcycles. Drivers may also take chances around you while you’re on your bike, putting you in danger.

You can suffer serious harm if you come off your motorcycle and hit another object. If you don’t have a helmet on or are wearing one that isn’t DOT compliant, you could experience traumatic brain injury, facial lacerations, damage to your eyes, or loss of skin (road rash). Here are some sobering statistics that should encourage you to put on the right gear:

• You’re more likely to suffer brain injuries: Without a helmet, you’re 3 times more likely to lose cognitive and physical function due to damage, bleeding, or traumatic brain injuries (NHTSA).
• You’re more likely to die: In states without a helmet law, 54% of riders die in a crash, versus 11% in states with a law, according to the Governors Highway Safety Association (GHSA).

Without safety gear such as a helmet, you have very little protection against harm when a negligent driver causes an accident. You may need long-term medical care to recover, or you could pass away from your injuries.

Without guidance, you could be unable to manage the process of holding at-fault parties accountable for hurting you. This could mean burdensome medical costs or leaving your family without justice from those who caused your wrongful death.

Tennessee Motorcycle Accident Victims Deserve Serious Legal Representation

Davidson County and the Nashville area ranked as the 5th most dangerous area for motorcycle crashes, according to the 2020–2024 Tennessee Traffic Crash Data. When you’ve been hurt and need help getting compensation for your injuries, you don’t have time to waste figuring out insurance claims on your own.

At Selvidge Injury Law, our team is ready to help you fight for the resources you need and protect your rights against delayed payments from insurance companies. Arrange a free consultation to discuss your case when you contact us today.