Michigan Helmet Laws in 2023 (2024)

Updated: January 2, 2024

2024 hasn't seen any changes to the helmet law in Michigan. See below

The proposed motorcycle helmet law, Senate Bill 291, is now law.  Governor Rick Snyder announced this decision on April 13th, 2012.

Motorcycle Helmets Are Now Optional In Michigan*

For some, The new law lessens helmet restrictions, allowing motorcycle operators to ride without a helmet provided they meet the following criteria:

• 21 years of age or older, AND
• Have at least $20,000 of first-party medical benefits insurance coverage, AND
• Either have had a motorcycle endorsement for more than two years OR earn a motorcycle endorsement by passing an accredited or certified motorcycle safety course.

A passenger on a motorcycle may ride helmetless under the new law if:

• The passenger is at least 21 years of age, AND
• Covered for at least $20,000 of first-party medical insurance benefits (either by the operator’s cycle insurance or their own).

So, if you were to ride with a passenger, you may need an additional $20,000 of this medical coverage in addition to the $20,000 you require as the operator.

Please do not hesitate to call The Motorcyle Lawyer ^sm at 1-877-BIKER-LAW with any questions you have regarding Michigan motorcycle laws. Our phone lines are operative 24/7. I will speak with you personally about your questions.

READ MORE BELOW ON THE NEW

MICHIGAN MOTORCYCLE HELMET LAW!

From the Desk of The Motorcycle Lawyer sm

How will the new Michigan helmet law impact a civil negligence case of an motorcyclist not wearing a helmet? 

I think the defense attorney will attempt to argue that not wearing a helmet was unreasonable and that it was a cause of some injury or severity of injury to the motorcyclist.  This is called comparative negligence.  If the jury agrees, the jury would assess a percent of negligence against the motorcyclist and that percentage would be subtracted from the dollar amount awarded by the jury.  If the jury assesses over 50% negligence to the motorcyclist, the motorcyclist will gets no money damages for his or her injuries.

Who does not have to wear a helmet in Michigan?

The helmet law lessens helmet restrictions allowing motorcycle operators to ride without a helmet provided they are 21 years of age or older, have at least $20,000 of first-party medical benefits insurance coverage, and either have had a motorcycle endorsement for more than two years OR earn a motorcycle endorsement by passing an accredited or certified motorcycle safety course.

A passenger on a motorcycle may ride helmetless under the proposed law if the passenger is at least 21 years of age and is also covered for at least $20,000 of first-party medical insurance benefits (either by the operator’s cycle insurance or their own).  So, if you were to ride with a passenger, you may need an additional $20,000 of this medical coverage in addition to the $20,000 you require as the operator.

What do you think of the new helmet law?

Personally, I’m happy we now have the freedom to make a choice after all this is America.  However, because of our comparative negligence law, unhelmeted motorcyclists are perhaps more likely to lose their injury cases.  The reason is if they are found to be more than 50% negligent for causing the injury, they are not entitled to any compensation for his or her injury.

Will you wear a helmet when you ride?

I have a Harley Davidson Fat Boy, a vintage Triumph and a Moto Guzzi Café Racer and whenever I ride any of them, I will continue to wear a helmet.

History of Motorcycle Helmet Laws

Prior to 2012, Michigan helmet law required all riders and passengers to wear a helmet. Most bikers felt this law was infringing on their rights and freedom. After all, most motorcyclists enjoy all the freedoms motorcycling has to offer. Being forced to wear a helmet was at odds with their sense of liberty.

Proponents of the new law argued that being able to choose whether or not to wear a helmet is a freedom. They also point out that Michigan’s tourism industry is presently negatively impacted because riders from our neighboring states do not have to wear a helmet (Indiana, Ohio, Illinois, & Wisconsin) and, therefore, avoid Michigan destinations.

Opponents of the new law argued that statistics report greater head injuries to helmetless riders. These injuries result in an increase in medical costs (to the government and to insurance companies), and a resulting increase in our no-fault insurance rates.

Passing a similar law was attempted twice during Gov. Jennifer Granholm’s tenure, but was vetoed on both of the attempts. The present law was sponsored by State Senator Phil Pavlov, R-St. Clair Township. Governor Snyder stated in a news release that, "While many motorcyclists will continue to wear helmets, those who choose not to deserve the latitude to make their own informed judgments."

In an interview with a news reporter, Jason was asked, "How will the new law impact a civil negligence case of a motorcyclist who was not wearing a helmet?"

His answer: "I think defense attorneys will argue that not wearing a helmet was unreasonable and that not wearing a helmet was a cause of some injury or severity of injury to the motorcyclist.  If the jury agrees, it would assess a percent of negligence against the motorcyclist and that percentage would be subtracted from the dollar amount awarded by the jury.  If the jury decides that the motorcyclist was more than 50% negligent, the motorcyclist will get no money damages for his or her injury."

Michigan Motorcycle Helmet Law 2022

Motorcycle helmet laws haven't changed in 2022. The motorcycle law signed by Governor Snyder in 2012 allowing riders and passengers of motorcycles 21 years old and older to decide for themselves if they will rider with a helmet remain in effect in 2022, 2023, and 2024.

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