Novelty motorcycle helmets may look like protective riding gear, but they do not meet the federal safety standard required for motorcycle helmets used on the road.
Are novelty motorcycle helmets safe? No. The National Highway Traffic Safety Administration warns that novelty helmets do not meet Federal Motor Vehicle Safety Standard No. 218, or FMVSS 218. They may lack the impact protection, retention system, and other safety features found in compliant motorcycle helmets.
There is also a legal issue. Ohio and Michigan do not require every adult rider to wear a helmet. However, both states require helmets for certain riders. When the law requires a motorcycle helmet, a novelty helmet may not satisfy that requirement.
For injured riders, helmet use can also raise questions during a motorcycle accident claim. Understanding the difference between a novelty helmet and a DOT-compliant motorcycle helmet can help riders protect both their safety and their legal rights.
What Is a Novelty Motorcycle Helmet?
A novelty motorcycle helmet is a helmet that does not meet the minimum performance requirements of FMVSS 218.
Some novelty helmets resemble traditional motorcycle helmets. Others use thin shells, minimal padding, unusual designs, or decorative features.
The appearance of a helmet does not determine whether it can protect a rider during a crash.
That difference becomes critical when a rider’s head strikes a vehicle, pavement, guardrail, or another object during a motorcycle crash.
Are Novelty Motorcycle Helmets Safe?
No. A novelty helmet should not be considered a substitute for a motorcycle helmet that meets FMVSS 218.
NHTSA warns riders not to purchase or wear novelty helmets while operating or riding on a motorcycle. The agency states that these helmets do not meet federal motorcycle helmet safety standards.
The safety difference is significant.
NHTSA cites research that found riders wearing novelty helmets had 2.26 times the risk of fatal injury compared with riders wearing FMVSS 218-compliant helmets.
A novelty helmet may fail to provide enough protection during a severe impact. Some also lack sufficient interior padding or a strong retention system to keep the helmet securely in place.
A helmet may look like motorcycle safety equipment without providing the protection riders expect from it.
What Is a DOT-Compliant Motorcycle Helmet?
A DOT-compliant motorcycle helmet meets the requirements of FMVSS 218.
You may often hear these helmets called “DOT-approved helmets.” However, DOT-compliant is more accurate.
The federal government does not individually inspect and approve every motorcycle helmet before it reaches a store. Instead, helmet manufacturers certify that their products meet FMVSS 218. NHTSA then conducts compliance testing and can take enforcement action when helmets fail to meet the standard.
Motorcycle helmets manufactured for on-road use must comply with the federal standard and carry the required certification information.
How Can You Tell If a Motorcycle Helmet Is DOT Compliant?
Start by looking at the label on the back of the helmet.
Current DOT-compliant helmets should display information that includes:
- The manufacturer’s name or brand
- The helmet model
- DOT
- FMVSS No. 218
- CERTIFIED
Helmets manufactured before May 13, 2013, may have an older DOT label that contains less information.
Is a DOT Sticker Enough?
Not necessarily.
A DOT sticker by itself does not guarantee that a motorcycle helmet actually meets the federal standard.
NHTSA warns that counterfeit DOT labels are available and may appear on unsafe novelty helmets. Riders should look at the entire helmet, its labeling, manufacturer information, construction, fit, and protective features rather than relying only on a sticker.
If you cannot identify the manufacturer or model, or the helmet contains language stating that it is a novelty item and not intended for highway use, that should raise a warning.
What Should You Look for When Choosing a Motorcycle Helmet?
Safety should come before appearance.
Choose a motorcycle helmet designed for street use that complies with FMVSS 218. Check the certification label and manufacturer information before buying.
Fit also matters.
A helmet should fit snugly and remain securely positioned when you move your head. Fasten the chin strap correctly every time you ride.
Riders may also want to consider how much coverage a helmet provides. Full-face helmets cover more of the rider’s face and chin than open-face or half helmets.
Do not assume a more expensive helmet automatically provides better protection. The first question should be whether the helmet meets the applicable safety standard and fits correctly.
Are Novelty Motorcycle Helmets Legal in Ohio?
The answer depends partly on whether Ohio law requires that particular rider to wear a helmet.
Ohio does not have a universal motorcycle helmet requirement for every adult rider.
For an adult who has not previously held a recognized motorcycle license, Ohio’s novice designation generally remains in effect for one year after the motorcycle endorsement or license is issued.
If Ohio law requires you to wear a protective motorcycle helmet, an unsafe novelty helmet should not be treated as a substitute for a compliant helmet.
Adult riders who are not subject to Ohio’s helmet requirement may legally ride without a helmet. That does not make a novelty helmet safe.
Are Novelty Motorcycle Helmets Legal in Michigan?
Michigan also does not require every adult motorcycle rider to wear a helmet.
Michigan law generally requires a motorcycle helmet unless the rider qualifies for an exemption.
A motorcycle operator age 21 or older may ride without a helmet when the operator:
- Has held a motorcycle endorsement for at least two years or has completed an approved motorcycle safety course; and
- Carries the required first-party medical benefits coverage.
Michigan also has requirements that apply to passengers who ride without helmets.
Riders who do not qualify for an exemption must wear a helmet that meets Michigan’s requirements.
That means a novelty helmet that does not meet applicable motorcycle helmet standards should not be treated as a compliant helmet when Michigan law requires one.
Can Wearing a Novelty Helmet Affect a Motorcycle Accident Claim?
Possibly, but the answer depends on the state, the rider, the injuries, and the circumstances of the motorcycle crash.
One distinction is especially important:
The helmet a motorcyclist wore does not automatically determine who caused the accident.
A driver who turns left in front of a motorcycle, changes lanes into a rider, runs a red light, follows too closely, or otherwise causes a collision does not avoid responsibility simply because the motorcyclist wore a particular type of helmet.
Fault for causing the collision and the extent of the rider’s injuries are separate issues.
Insurance companies may still examine helmet use when a motorcycle accident causes a head or brain injury. That makes the applicable state law particularly important.
Can Helmet Use Affect an Ohio Motorcycle Accident Claim?
Ohio has an important protection that injured motorcycle riders should know about.
Ohio Revised Code 4511.53 contains the state’s helmet and protective eye-device requirements. The statute specifically states that the provisions contained in division (C)(1), or a violation of those provisions, shall not be used at trial in a civil action.
That language matters.
An injured motorcyclist should not assume that a helmet issue automatically prevents a personal injury claim when another person caused the crash.
What About a Motorcycle Accident Claim in Michigan?
Michigan motorcycle accident claims follow different laws.
Michigan allows qualifying riders age 21 and older to legally ride without a helmet. The state also applies comparative fault principles to injury claims.
Whether helmet use becomes legally relevant to a particular Michigan motorcycle accident claim can depend on the circumstances, including the type of injury and the arguments raised by the parties.
For that reason, an injured Michigan motorcyclist should not assume that wearing no helmet or wearing a novelty helmet automatically determines the outcome of a claim.
A motorcycle accident attorney can evaluate how Michigan’s helmet law, insurance requirements, no-fault system, and comparative fault rules apply to the specific accident.
Why You Should Keep Your Helmet After a Motorcycle Accident
Do not immediately throw away a helmet after a serious motorcycle crash.
The helmet itself may become important evidence.
Damage to a helmet can help document the forces involved in the collision and where the rider’s head sustained an impact. Photographs of the helmet may also help preserve evidence about its condition after the accident.
Keep other damaged motorcycle gear as well, including jackets, gloves, boots, and riding pants.
You should also preserve photographs of the motorcycle, other vehicles, the accident scene, visible injuries, and any damaged personal property.
An attorney may want to inspect these items before they are repaired, discarded, or destroyed.
Frequently Asked Questions About Novelty Motorcycle Helmets
Are novelty motorcycle helmets DOT compliant?
Novelty motorcycle helmets generally do not meet FMVSS 218 and should not be considered DOT-compliant motorcycle helmets. NHTSA specifically warns riders that novelty helmets do not meet federal motorcycle helmet safety standards.
Can a novelty helmet have a DOT sticker?
Yes. A novelty helmet can have a counterfeit or misleading DOT sticker. A sticker alone does not establish that the helmet complies with FMVSS 218. Riders should check the complete certification label, manufacturer, model, and construction of the helmet.
What does FMVSS 218 mean?
FMVSS 218 is the Federal Motor Vehicle Safety Standard that establishes minimum performance requirements for motorcycle helmets used on public roads in the United States.
Does Ohio require motorcycle helmets?
Not for every adult rider. Ohio requires helmets for certain riders, including people under age 18, riders with a current novice designation, temporary-permit operators, and certain passengers.
Does Michigan require motorcycle helmets?
Michigan generally requires motorcycle helmets, but qualifying riders age 21 and older may ride without one when they meet the state’s licensing or training and insurance requirements.
Can I still have a motorcycle accident claim if I was wearing a novelty helmet?
Potentially, yes. Helmet use does not automatically determine who caused a motorcycle crash. The applicable law, cause of the collision, injuries, insurance coverage, and other facts all affect a motorcycle accident claim.
Motorcycle Accident Lawyers Serving Ohio and Michigan
If you were injured in a motorcycle accident in Ohio or Michigan, the type of helmet you wore may become part of the insurance company’s investigation. But helmet use is only one issue. The more important questions are how the crash happened, who caused it, what injuries you suffered, and what insurance coverage is available.
Motorcycle accidents can cause traumatic brain injuries, head injuries, spinal injuries, broken bones, road rash, permanent scarring, disfigurement, and other serious injuries. When a crash involves a head injury, questions about helmet use, helmet condition, and whether the helmet met federal safety standards may also become part of the claim.
Depending on the facts of the case, an injured rider may be able to pursue compensation for medical expenses, lost income, reduced earning capacity, pain and suffering, and other losses caused by the motorcycle accident.
For more than 70 years, Gallon, Takacs & Boissoneault has represented injured people and their families. If you need a motorcycle accident lawyer in Toledo, Northwest Ohio, Monroe, or Southeast Michigan, call 419-843-6663 or use our online contact form to schedule a free consultation.
Jeff joined GT&B in 2008 as a law clerk. After graduation, he worked in election law. In 2011, he returned to GT&B as an Associate, focusing on personal injury cases like auto accidents, premises liability, general negligence, wrongful death, and dog bites. Now a Senior Associate in the Personal Injury department, he is passionate about protecting his clients who have suffered injuries through no fault of their own and ensuring they receive the justice and compensation they deserve.
