Missouri’s helmet law since 2020

Missouri changed its helmet law on August 28, 2020 (RSMo § 302.020.2). Now these riders must wear a helmet:

• Every rider or passenger under 26.
• Any rider 26 or older who is riding on an instruction permit.

Other adult riders may legally ride without one. Cities and counties may not pass their own helmet rules, and police may not stop a rider just to check for a helmet.

If a helmet was required and not worn, it is a minor violation called an infraction. The fine is no more than $25, with no court costs and no points on your license. The bigger question in an injury case is how the insurer will use it.

How insurers blame riders

Riders hear the same arguments again and again. The other driver says the bike “came out of nowhere” or was speeding. The insurer points to a missing helmet, even when the injury is to a leg or the spine. Some adjusters assume riders are reckless. Each of these is an argument about fault, and each one is answered with proof.

• Being seen. Sight lines, lighting, your gear and headlight, and whether the other driver was watching the road.
• Speed. Crash damage, skid and scrape marks, video and crash reconstruction, not just a driver’s guess.
• Helmet use. Whether a helmet would have changed an injury is a medical question. A helmet does not protect a knee, a pelvis or a spinal cord.
• Left turns. A driver turning left must yield to oncoming traffic that is in the intersection or close enough to be an immediate danger (RSMo § 304.351). That includes a motorcycle.

Being partly at fault does not end your claim

Missouri’s shared-fault rule came from a 1983 case about a motorcycle passing a car that turned left.

Under this rule, called pure comparative fault, a rider who was partly at fault can still recover. The amount goes down by the rider’s share. If you are found 20 percent at fault, you get 80 percent of the damages the jury finds. That is why the dispute over percentages matters so much, and why we start looking into the crash early. The comparative fault guide explains how juries use this rule.

Your injuries and what the claim covers

Motorcycle crashes cause different injuries than car crashes. Riders often break legs, arms and the pelvis. Road rash may need skin grafts. Spine and head injuries happen even with a helmet. Many riders need surgery, long rehab and time off work. So the claim must cover future care and lost future earnings, not just the bills so far.

You may also want to read about brain injury claims and back and neck injury claims.

What to keep after a motorcycle crash

Your riding gear tells the story of the crash. Keep your helmet, jacket, gloves and boots as they are, without cleaning or fixing them. Scuffs and dents show how and where you hit the road.

Keep the motorcycle unrepaired until it has been photographed. If speed or braking is in dispute, it may also need an inspection. Save any helmet camera video and ride app data before your phone writes over it. Write down the names of anyone who stopped to help. These steps cost nothing, and they answer the questions an insurer will ask months later.

Insurance that can pay an injured rider

The at-fault driver’s insurance comes first. It is often only the Missouri minimum of $25,000 per person (RSMo § 303.190). Your motorcycle policy must include uninsured motorist coverage (RSMo § 379.203). If you bought underinsured motorist coverage, it can add to what you recover. If you also own a car, have every policy in your household reviewed. See uninsured motorist claims.

Harjot Singh Padda, JD handles motorcycle cases on a contingency fee under a written agreement that sets out the percentage and how costs are handled. You have five years to file (RSMo § 516.120).

Common questions

Related reading

• Personal injury overview
• Car accident claims
• Talking to insurance adjusters
• Missouri statute of limitations