Safety should always be at the forefront of your mind if you drive in the city, especially if you ride a motorcycle, bicycle, or other vehicle without a cab. Riding safely includes protecting yourself from other vehicles and protecting your body.
Perhaps most importantly, you should follow Philadelphia motorcycle helmet laws in order to stay safe and protect your rights in the event of an accident. Riding with a helmet can reduce the risk of the worst injuries and show that you were driving with the proper care. A motorcycle crash attorney could help you seek the compensation you deserve.
It is always a good idea to wear a helmet when riding a motorcycle, but not every rider in every situation must wear a helmet. Under Pennsylvania state law, headgear and eye protection are required for many riders.
A broad requirement is set out by 75 Pennsylvania Consolidated Statutes § 3535(a), stating that operating a motorcycle without proper head protection is illegal before listing exceptions. Those exceptions include riders above the age of 21 who also have had a motorcycle license for two years or more, have completed a rider safety course provided by the Pennsylvania Department of Transportation (PennDOT), or are a passenger with a rider who qualifies. Riders should note that just being above the age of 21 does not satisfy the exception, and there is no comparable exception for eye protection.
The type of helmet required is regulated by state law as well, with specifications and labeling laid out in 67 Pennsylvania Code Chapter 107. All helmets that satisfy PennDOT’s requirements have labels specified by 67 Pa. Code §107.5(f), which include a label that provides the manufacturer’s information and its certification of compliance.
These motorcycle helmet laws apply in the city of Philadelphia as well as the rest of the Commonwealth, so riders should make sure to have a helmet that meets the law’s requirements.
In an accident, head protection can mean the difference between minor injuries and catastrophic damage or even loss of life. Wearing a helmet can protect against traumatic brain injuries, such as concussions, and reduce damage to the neck and spinal cord, which can prevent chronic pain and paralysis injuries.
By its design, a motorcycle does not surround the rider with a protective cab, so these kinds of injuries can come about more easily. If a rider is thrown off their motorcycle, they can suffer other injuries from the impact and from sliding on the road surface.
After an accident on the streets of Philadelphia, whether a rider was following the motorcycle helmet regulations can affect their attempt to get compensation. Most claims are based on the negligence of another person, and a victim’s own negligence can come into play.
Under the legal regime created by 42 Pennsylvania Consolidated Statutes § 7102, a plaintiff’s recovery can be reduced in proportion to their own responsibility for their injuries, such as by not wearing a helmet when legally required. Therefore, the best way to both prevent injuries and preserve the ability to recover based on injuries is to always wear a helmet.
You might not be able to control the behavior of other drivers, the risk of a road not designed for motorcycles, or even weather conditions that can contribute to an accident. You can, however, prepare as best you can by wearing a helmet.
The requirements of Philadelphia’s motorcycle helmet laws set the baseline for wearing a helmet, and not following those laws could work against you if you are injured. To learn more about these laws and if they will impact you, contact our attorneys.
