Motorcycle Attorney Safety Laws and Regulations

Question 1

Which federal agency sets safety standards for motorcycle helmets sold in the United States?

Accepted Answer

The National Highway Traffic Safety Administration (NHTSA)

Answer

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?

Accepted Answer

It may be used as evidence of comparative negligence to reduce the rider's damages

Answer

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?

Accepted Answer

Approximately 19 states and Washington D.C.

Answer

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?

Accepted Answer

Lane splitting's legality varies by state and affects fault determination when an accident occurs

Answer

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?

Accepted Answer

The vehicle that arrives first has the right of way; motorcyclists have equal rights to all other vehicles

Answer

Motorcyclists have the same right-of-way rights as any other vehicle at a four-way stop—the first vehicle to arrive goes first.

Motorcycle Attorney Practice Test

Motorcycle Attorney Practice Test

Motorcycle Attorney Safety Laws and Regulations