Mandatory motorcycle helmet: Where is it the law in the United States?

For many, the image of the motorcyclist without a helmet is a symbol of individuality and rebellion. However, this romantic vision collides head-on with a harsh reality: the vulnerability of motorcyclists on the road.

A study by the Insurance Institute for Highway Safety (IIHS) has reignited the debate over mandatory helmets in the United States, revealing a chilling figure: more than 20,000 motorcyclists could have survived fatal accidents if they had worn helmets.

This report, which analyzes data since 1976, concludes that if all states had implemented laws requiring all motorcyclists to wear helmets, 22,058 lives would have been saved. That is, 11% of the total deaths of motorcyclists in that period.

Despite the evidence, mandatory helmets remain a controversial issue in the United States. Currently, fewer than 20 states and the District of Columbia have laws requiring their use by all motorcyclists, while in the rest of the country the regulations vary, applying only to minors or, in some cases, non-existent. This situation translates into an alarming number of road deaths, with record numbers in 2021 and 2022, exceeding 6,000 annually.

Defenders of individual freedom argue that the decision to wear a helmet should be a personal one, and that the State should not interfere in that choice. However, the IIHS study highlights the high human cost of this position.

The history of mandatory motorcycle helmet legislation in the United States is a reflection of this tug-of-war between individual liberty and public safety. In the 1970s, most states had laws requiring all motorcyclists to wear helmets, driven by the National Highway Traffic Safety Act. However, starting in 1976, many states began to weaken or repeal these laws, in a trend that contrasts with the tightening of seat belt regulations in automobiles.

California, with its large population and climate favorable to motorcycle riding, tops the list with 2,536 deaths that could have been prevented. They are followed by Texas, Florida, Illinois, Ohio, Indiana and South Carolina, states where the absence of laws requiring the use of helmets perpetuates the problem.

It is true that, in addition to the helmet, there are other measures that can contribute to the safety of motorcyclists, such as improving accident prevention technology and making anti-lock brakes mandatory on motorcycles. However, the implementation of laws that require the use of helmets for all motorcyclists is presented as a simple and effective solution to drastically reduce the number of road deaths.

In short, the debate on mandatory helmets raises a fundamental question: to what extent should individual freedom prevail over collective safety? While the controversy continues, thousands of lives are lost each year on America’s roads, a price too high that society should not be willing to pay.