Nevada is home to thousands of motorcyclists. Unfortunately, every year, many of these motorcyclists are involved in traffic crashes and vehicle collisions. If you ride a motorcycle in Nevada as an operator or passenger, you are legally required to wear a helmet. Failing to do so could lead to a ticket, fine and liability issues in the event of a crash.
Helmets Are Required for All Motorcyclists in Nevada
Motorcycle helmets are a legal requirement under Nevada Revised Statute 486.231. This law states that when a motorcycle or moped is being driven on a highway, the driver and passenger shall wear protective headgear that is securely fastened on their head. In addition, they must wear protective glasses, goggles or face shields unless the motorcycle is equipped with a windscreen.
Unlike some states, Nevada does not have exceptions to its helmet law for certain individuals, such as motorcyclists over the age of 21 or riders who have health insurance. Nevada’s motorcycle helmet law is universal, meaning it applies to all motorcyclists and their passengers, regardless of age or municipality. The only exceptions are motorcyclists riding in authorized parades or passengers riding in enclosed cabs attached to three-wheel vehicles.
What Are the Penalties for Not Wearing a Motorcycle Helmet in Nevada?
If you do not wear a motorcycle helmet while you ride in Nevada, you could be stopped by law enforcement and ticketed. This is true even if you are only passing through the state, such as riding from California to Utah. Depending on the court you are cited to, you could be assessed up to $500 in civil fines for failure to wear your helmet.
Nevada Motorcycle Helmet Laws and Liability
The failure to wear a motorcycle helmet could impact a personal injury claim filed after a motorcycle crash in Nevada. If you were in violation of Nevada’s helmet laws at the time of your crash, an insurance company may try to use this against you to minimize or bar your ability to recover damages (financial compensation).
Under Nevada’s principle of comparative negligence (Nevada Revised Statute 41.141), an injured victim’s portion of fault for a crash will not bar financial recovery as long as it is not greater than the fault of the party against whom recovery is sought. In other words, the injured victim’s percentage of fault must be 49% or less than the fault of the adverse parties in order for the victim to recover financially. However, the victim’s recovery will be reduced by an amount equivalent to his or her degree of comparative negligence.
Violating state law in Nevada by not wearing a motorcycle helmet could lead to a liability dispute, especially if you are seeking damages for a head injury, facial injury or traumatic brain injury. An insurance company may argue that you failed to mitigate preventable head trauma by not wearing a helmet. This could diminish your financial recovery.
If you were recently involved in a motorcycle crash in Nevada, contact the Las Vegas motorcycle crash attorneys at Panish | Shea | Ravipudi LLP for a free case consultation. We can help you protect your right to recover compensation.