What if I wasn't wearing a helmet?

Michigan's helmet law after 2012

Michigan repealed its universal motorcycle helmet law in 2012 through amendments to MCL 257.658. Riders under 21 must still wear a DOT-compliant helmet. Riders and passengers 21 and older may ride without a helmet if all three of the following are met:

1. The rider (or passenger) is at least 21 years old.
2. The rider has held a motorcycle endorsement for at least 2 years, or has passed an approved motorcycle safety course.
3. The rider carries at least $20,000 in first-party medical benefits under the motorcycle policy.

Passengers 21+ must independently satisfy the medical-benefits requirement or wear a helmet themselves. Riders under 21 who ride without a helmet violate a safety statute.

PIP benefits are protected

Michigan's no-fault PIP scheme pays medical, wage loss, attendant care, and replacement services without regard to fault. When a motor vehicle is involved in the motorcycle crash, PIP under MCL 500.3114(5) is available whether or not the rider was wearing a helmet. Insurers cannot reduce or deny PIP benefits because of helmet use.

Comparative fault under MCL 600.2959

For third-party pain-and-suffering damages against the at-fault driver, Michigan follows modified comparative fault:

• Damages are reduced by the plaintiff's percentage of fault.
• A plaintiff more than 50% at fault is barred from recovering noneconomic damages entirely, but may still recover economic damages proportionally.
• Insurers try to use "no helmet" as fault. Courts require the defendant to prove — with expert biomechanical evidence — that a specific injury would have been prevented or reduced by a helmet.

A missing helmet is irrelevant to a broken leg, a fractured pelvis, or a shattered arm. It cannot reduce damages for injuries a helmet would not have prevented.

How we defeat the "no helmet" defense

• Confirm legal compliance. Prove age, endorsement, safety course, and the $20,000 medical-benefits requirement — no fault percentage attaches when the ride was legal.
• Injury causation. Use treating providers and biomechanical experts to establish which injuries a helmet could not have affected.
• Motion practice. Move to exclude "no helmet" evidence when it is not relevant to a specific injury, or limit it to a single line item.
• Jury education. When the case goes to trial, we walk juries through Michigan's actual helmet law — not the stereotype.

Riders under 21 or otherwise noncompliant

A helmet violation for a rider under 21 (or one who did not meet the MCL 257.658(4) exception) is negligence per se — but only causes reduction of damages that flow from the violation. Michigan cases require the defendant to prove causation between the helmet violation and the injury. Broken legs, spinal fractures, internal injuries, and orthopedic trauma remain fully compensable. Even head injuries may be only partially reduced.