Motorcycles are a popular mode of transportation and a beloved recreational activity. However, they also represent a majority of traffic incidents. The National Highway Traffic Safety Administration (NHTSA) estimated that in 2022, there were 6,218 motorcyclists killed — 15% of all traffic fatalities. In fact, NHTSA data show that this is the highest number of motorcyclists killed since at least 1975, demonstrating the decided increase in fatalities from motorcycle crashes.
As such, Mississippi law, as well as many other states, requires motorcycle riders to wear helmets to mitigate fatalities and injuries from motorcycle crashes, as unhelmeted riders are more likely to suffer serious or fatal injuries. Many motorcycle riders may not be aware of the laws surrounding helmets so our motorcycle accident lawyer at Giddens Law Firm offers some advice.
Legal Requirements for Motorcycle Helmets in Mississippi
The state of Mississippi legally requires helmets whenever a biker drives on a motorcycle. Helmets must be properly fastened and fit the rider securely to provide maximum protection.
To comply with the helmet requirement, it is necessary to wear a helmet that meets U.S. Department of Transportation (DOT) Federal Motorcycle Vehicle Safety Standards (FMVSS) 218, which are distinguished by the DOT symbol on the outside back of the helmet. Snell and ANSI labels located inside the helmet also show that the helmet meets the standards of those private, non-profit organizations.
However, it is also important to note that this law applies not only to motorcycle operators but also requires motorcycle passengers, particularly passengers under age, to wear helmets.
Why do Mississippi Laws Require Motorcycle Helmet Use?
Mississippi laws require a motorcycle helmet use to save lives. In fact, states with universal helmet laws have seen a 37.5 percent decrease in motorcycle deaths. By mandating the use of motorcycle helmets, Mississippi laws prioritize the safety of motorcycle riders and reduce the number of motorcycle fatalities and severe injuries on the roads, aiming to create a safer environment on the roads and protect motorcycle riders from severe brain injuries, skull fractures, and spinal cord injuries.
As such, wearing a helmet is one of the most effective ways to protect oneself in the event of a motorcycle crash, particularly due to the alarming motorcycle fatality rates. Furthermore, in the event of a motorcycle crash, the medical costs can be substantial, and a helmet can prevent potentially fatal head injuries. Insurance requirements for many motorcycle insurance policies encourage wearing helmets to mitigate potential medical expenses.
Types Of Helmets And Protective Gear
There are different types of helmets and protective headgear to help protect motorcycle drivers or those driving motor-driven cycles, such as motor scooters and motorbikes on the roadways. Motorcycle helmets come in various styles, each offering different levels of protection:
- Full-Face Helmets: Provide the highest level of protection, covering the entire head and face. They have a chin bar and a clear visor for protective eyewear.
- Modular Helmets: These are similar to full-face helmets but with a flip-up front, allowing riders to convert them into open-face helmets. They also feature protective eyewear.
- Open-Face Helmets: Cover the top and sides of the head but lack a chin bar. They offer less protection than full-face helmets but more visibility and airflow. They provide less than adequate eye protection.
- Half Helmets: Cover only the top of the head, providing minimal protection and usually no eye protection. They are lighter and offer more ventilation but are less safe than other types.
All protective helmets must be made of durable materials that will not undergo alteration as the helmet ages. In addition to helmets, motorcycle owners are encouraged to take other protection measures by wearing gloves, jackets, pants, boots, and eye protection. These items protect the skin from abrasions and provide additional impact protection.
Regardless of the type of motorcycle helmet, it is imperative to use an FMV or DOT-compliant motorcycle helmet to prevent motorcyclist deaths, as some companies may not produce motorcycle helmets meeting the minimum safety standards.
Enforcement And Penalties of the Helmet Law
If caught driving without a helmet, there can be severe penalties. Mississippi law allows for failure to wear a helmet to be punishable as a standard traffic offense for a fine of up to $100 or up to 10 days of jail time. The second conviction of the same offense within one year results in a fine of up to $200, and a third conviction within one year of the first conviction will result in a fine of up to $500 or up to 6 months in jail, though the latter is unlikely.
Motorcycle insurance rates can also rise as a result of an accident. Further, it is important to note that not by wearing a motorcycle helmet at the time of your accident, your award or settlement could be decreased in value. Overall, helmets are beneficial in decreasing the number of motorcycle rider deaths and are most beneficial to the motorcycle owner.
Are There Legal Exemptions to Mississippi Motorcycle Helmet Laws?
Mississippi law has few exemptions unlike other states with a universal helmet law. It is important to note that the only people legally exempt from wearing a motorcycle helmet are those traveling under 30 miles per hour and completing a motorcycle safety course approved by the Department of Public Safety. Additionally, those with medical conditions that prevent helmet use may be exempt, provided they have the necessary documentation.
What Do I Do If I’m in a Motorcycle Accident in Mississippi?
If you are in a motorcycle accident in Mississippi, you should follow these steps:
- Ensure Safety: Move to a safe location away from traffic, if possible, to prevent further accidents.
- Check for Injuries: Assess yourself and others involved for injuries. Call 911 immediately if medical attention is needed.
- Call the Police: Report the accident to the local authorities. A police report will be essential for insurance claims and legal proceedings.
- Exchange Information: Collect names, contact information, insurance details, and license plate numbers from all parties involved in the accident.
- Document the Scene: Take photos and videos of the accident scene, including vehicle damage, road conditions, and visible injuries. This evidence will be valuable for your insurance claim.
- Seek Medical Attention: Even if you feel fine, getting a medical evaluation is essential to rule out any internal injuries that might not be immediately apparent.
- Notify Your Insurance Company: Report the accident to your insurance provider as soon as possible to begin the claims process.
- Consult a Mississippi Motorcycle Accident Attorney: If the accident resulted in significant damage, injuries, or disputes about fault, it’s advisable to consult a motorcycle accident attorney with experience in motorcycle accidents to protect your rights and navigate the legal complexities.
For nearly three decades, Mississippi personal injury lawyer John Giddens has dedicated his practice to helping injury victims across Mississippi. He has represented thousands of accident victims, helping them get the maximum amount of compensation to help them recover from their injuries.
Giddens Law Firm, P.A. has built an exceptional reputation throughout the state of Mississippi for its relentless representation of those who suffered an injury caused by someone’s negligence. Our personal injury firm has won millions in settlements and verdicts for our clients injured in car, truck, motorcycle, slip and falls, and other accidents and will not rest until injury victims throughout Mississippi receive the compensation they deserve.
We know you have concerns about your claim yet might be reluctant to speak with a lawyer. Rest assured that we work on a contingency fee basis, meaning you do not owe a fee until we reach a settlement or verdict for your claim. We offer free, no-obligation consultations so you can have your questions answered without worrying about signing a contract.
We are available every day of the week, 24 hours a day. We will evaluate the evidence and lay out your legal choices, no matter how complex or simple your case may be.
If you were injured in a motorcycle accident in Mississippi, Giddens Law Firm is prepared to fight for you. Contact our personal injury law firm today to schedule a free consultation. There is no fee until we win your case.