Motorcycle Attorney Safety Laws and Regulations 1 — Questions and Answers
Question 1: Which federal agency sets safety standards for motorcycle helmets sold in the United States?
- The Federal Highway Administration (FHWA)
- The National Highway Traffic Safety Administration (NHTSA) (Correct answer)
- The Consumer Product Safety Commission (CPSC)
- The Department of Transportation Office of Safety
Correct answer: The National Highway Traffic Safety Administration (NHTSA)
NHTSA sets Federal Motor Vehicle Safety Standard (FMVSS) 218, which governs motorcycle helmet performance requirements in the US.
Question 2: How does the absence of a helmet in a state with a universal helmet law affect a motorcycle injury case?
- It has no effect on the claim
- It may be used as evidence of comparative negligence to reduce the rider's damages (Correct answer)
- It automatically bars any recovery
- It increases the rider's damages award
Correct answer: It may be used as evidence of comparative negligence to reduce the rider's damages
In states with universal helmet laws, riding without a helmet may constitute negligence per se, allowing defendants to argue the rider's head injuries were caused or worsened by their own failure to wear a helmet.
Question 3: How many US states currently have universal motorcycle helmet laws requiring all riders to wear helmets?
- All 50 states
- Approximately 19 states and Washington D.C. (Correct answer)
- Only 5 states
- No states have universal helmet laws
Correct answer: Approximately 19 states and Washington D.C.
As of 2025, approximately 19 states and Washington D.C. have universal helmet laws requiring all motorcycle riders and passengers to wear helmets.
Question 4: What is the legal significance of lane splitting in motorcycle accident liability?
- Lane splitting is legal in all 50 states
- Lane splitting's legality varies by state and affects fault determination when an accident occurs (Correct answer)
- Lane splitting always makes the motorcyclist 100% at fault
- Lane splitting has no legal significance in accident cases
Correct answer: Lane splitting's legality varies by state and affects fault determination when an accident occurs
Lane splitting laws vary by state, and where it is illegal, doing so may constitute negligence per se or comparative fault that reduces the rider's recovery.
Question 5: What does 'right of way' mean for motorcyclists at a four-way stop?
- Motorcyclists always have the right of way at four-way stops
- The vehicle that arrives first has the right of way; motorcyclists have equal rights to all other vehicles (Correct answer)
- Motorcycles must always yield to larger vehicles
- Right of way rules do not apply to motorcycles
Correct answer: The vehicle that arrives first has the right of way; motorcyclists have equal rights to all other vehicles
Motorcyclists have the same right-of-way rights as any other vehicle at a four-way stop—the first vehicle to arrive goes first.
Question 6: What is the legal implication if a motorcyclist was not licensed at the time of an accident?
- It has no legal effect on their injury claim
- It may constitute negligence per se or comparative fault, potentially reducing their recovery (Correct answer)
- It automatically doubles their damages
- It transfers all liability to the motorcycle seller
Correct answer: It may constitute negligence per se or comparative fault, potentially reducing their recovery
Riding without a valid motorcycle license can be used as evidence of negligence, particularly if the defendant argues the unlicensed rider lacked the training to avoid the accident.
Motorcycle Attorney Safety Laws and Regulations 1
Which federal agency sets safety standards for motorcycle helmets sold in the United States?