Massachusetts law requires motorcycle operators and passengers to wear protective headgear that meets the state’s helmet standards. M.G.L. c. 90, § 7 has one helmet exception for a motorcyclist age 18 or older taking part in a properly permitted public parade. A helmet violation can lead to a civil citation, but it does not decide fault in a crash. In an injury claim, helmet use can become relevant to the cause and extent of a head or brain injury.
Colucci, Colucci & Marcus, P.C. handles motorcycle accident and personal injury claims for riders injured in Massachusetts. When an insurer disputes fault or argues that helmet use affected a head injury, our Boston motorcycle accident attorneys can investigate the crash, gather relevant evidence, and respond to arguments about fault, injury causation, and damages.
This guide explains who must comply with the helmet mandate, what makes a helmet legally compliant, what a citation costs, and what evidence can matter after a crash. Call Colucci, Colucci & Marcus, P.C. at (617) 958-3807 to discuss the crash, your injuries, and any helmet-related issue affecting your claim.
What Does Massachusetts Helmet Law Require?
Under M.G.L. c. 90, § 7, motorcycle operators and passengers must wear protective headgear that conforms to standards set by the Registrar of Motor Vehicles. The helmet requirement has been part of Massachusetts law since 1967. However, the statute contains one express exception: protective headgear is not required if the motorcyclist is participating in a properly permitted public parade and is 18 years of age or older.
Who Must Wear a Helmet Under Massachusetts Law?
The helmet requirement applies to the motorcycle operator and each passenger, including a passenger in a sidecar. An operator also violates § 7 by permitting a passenger to ride without compliant protective headgear.
Apart from the permitted public parade exception, Massachusetts does not provide a separate helmet exemption based on age or riding experience. Visitors, riders licensed in another state, riders on motorcycles registered elsewhere, and learner’s permit holders are subject to the Massachusetts helmet requirement while riding in the state.
Other Rider and Passenger Rules
M.G.L. c. 90, § 7 also sets rules for eye protection and motorcycle passengers. If the motorcycle does not have a windshield or screen, the operator must wear eyeglasses, goggles, or a protective face shield. A motorcycle operator also cannot carry a passenger unless the motorcycle is designed for more than one person, and a passenger cannot ride in front of the operator.
What Makes a Helmet Legally Compliant in Massachusetts?
Massachusetts helmet compliance is governed by M.G.L. c. 90, § 7 and 540 CMR 22.08. The helmet must be worn with a suitable retaining device in position and must meet or exceed FMVSS No. 218.
FMVSS No. 218 and DOT Labeling Requirements
FMVSS No. 218 sets requirements for impact attenuation, penetration resistance, retention system performance, peripheral vision, projections, and labeling. A compliant helmet also carries a certification label on its outer surface. That label is the manufacturer’s certification that the helmet meets the federal standard. The DOT does not approve individual helmet models, and fake certification labels exist, so the appearance of a DOT mark alone is not conclusive proof that a helmet meets the standard.
Common Noncompliant Helmets
“Novelty” helmets are helmets that resemble motorcycle helmets but do not meet FMVSS No. 218. Adding an aftermarket DOT decal does not make a novelty helmet compliant.
Warning signs include:
- Very thin or missing inner liner. A thin shell with little or no stiff, impact-absorbing foam is a warning sign that the helmet does not meet the federal standard.
- Flimsy chin strap. A weak retention system or lightweight attachment hardware can be a warning sign of a noncompliant helmet.
- Spikes, horns, or other rigid decorations. FMVSS No. 218 limits outside rigid projections to 0.20 inch, except those required for essential accessories.
- Questionable certification labeling. Counterfeit DOT labels exist, so a DOT mark should be considered together with the helmet’s manufacturer, model, construction, and other required labeling.
What Happens If You Are Cited for a Helmet Violation?
If you’re cited for a motorcycle helmet violation, Massachusetts treats it as a civil motor vehicle infraction. The current RMV schedule lists an assessment of $35 for a first offense, $75 for a second offense, and $150 for a third offense, plus a $5 public safety surcharge. The same assessment schedule applies to the motorcycle goggles or face shield violation and the motorcycle passenger violations listed under § 7.
For a citation containing only civil motor vehicle infractions, you have 20 days from the citation date to pay the scheduled assessment or request a noncriminal hearing. A hearing request carries a $25 court filing fee. A rider can appeal a magistrate’s decision to a judge for a new hearing, with a $50 appeal fee. Different procedures apply if the citation also contains a related criminal automobile law violation.
When payment of the civil assessment is permitted, it operates as a final disposition of that violation. M.G.L. c. 90C, § 3 also provides that the payment is not admissible as an admission of negligence in a separate civil case, except for Registry action and Safe Driver Insurance Plan purposes.
Separately, a helmet violation can affect insurance because Massachusetts classifies operating a motorcycle without proper headgear as a minor traffic law violation for merit rating purposes. Any premium effect depends on the rider’s driving record and the insurer’s merit rating plan.
If a helmet citation follows a crash and an insurer relies on it in the injury claim, an experienced motorcycle accident attorney can review the citation, its disposition, and related court or RMV records.
Motorcycle Accident Attorneys in Boston – Colucci, Colucci & Marcus, P.C.
Dino M. Colucci, Esq.
Dino M. Colucci, founding partner and lead trial counsel at Colucci, Colucci & Marcus, P.C., has practiced personal injury litigation since 1988. He represents clients in matters involving motor vehicle and commercial truck collisions, wrongful death, medical malpractice, product liability, and other serious injury claims. His broader civil litigation work also includes representing individuals and families in matters involving aviation disasters and the September 11, 2001, World Trade Center attack.
Dino holds Martindale-Hubbell’s AV Preeminent rating and is a member of the Multi-Million Dollar Advocates Forum. He has been selected to the Massachusetts Super Lawyer list annually since 2012 and has also been recognized by The Best Lawyers in America, Boston Magazine’s Best Lawyers of Boston, and the National Association of Distinguished Counsel.
Darin Colucci, Esq.
Darin Colucci, managing partner of Colucci, Colucci & Marcus, P.C., represents clients in personal injury and civil litigation matters. His practice includes automobile and motorcycle collisions, product liability, nursing home negligence, construction accidents, and wrongful death. He has been selected as a Massachusetts Super Lawyer annually since 2017, recognized by The National Trial Lawyers as one of its Top 100 Trial Lawyers, and named a Top 10 Personal Injury Attorney by Newsweek from 2014 through 2020.
Darin graduated cum laude from Suffolk University Law School, where he served as a staff member and editor of the Suffolk University Law Review. He has provided legal commentary on personal injury and litigation issues for WBZ Radio. He also served as lead negotiator for more than 100 plaintiffs in litigation involving unfair and deceptive business practices that resulted in a $70 million settlement.
Matthew J. Marcus, Esq.
Matthew J. Marcus, partner at Colucci, Colucci & Marcus, P.C., concentrates his practice in estate planning and elder law. His work also includes disability law, mental health law, guardianships, and long-term planning for individuals and families. He earned his B.A. from Boston University and his J.D. from the Suffolk University Law School before completing an LL.M. in Taxation at the Boston University School of Law in 2009.
Beyond his legal practice, Matthew has served as a Hearing Officer for the Massachusetts Board of Bar Overseers and co-chaired the Boston Bar Association’s Elder Law Committee. He also served on the board of directors of the Massachusetts chapter of the National Academy of Elder Law Attorneys from 1999 through 2006. He has been selected as a Massachusetts Super Lawyer annually since 2006 and was named Citizen Advocate of the Year by The Arc of Massachusetts.
Does a Helmet Violation Affect Fault in a Boston Crash?
A helmet violation, by itself, does not establish who caused a motorcycle crash. Liability depends on the evidence showing what caused the collision, such as an unsafe left turn, improper lane change, road defect, or mechanical failure. For example, if another driver runs a red light and causes the impact, the rider’s helmet violation does not change who caused the crash.
Helmet use can still become relevant when the claim involves a head or brain injury. That issue concerns causation of the injury and damages, which is separate from what caused the collision.
How Can a Helmet Violation Affect Damages After a Motorcycle Crash?
A helmet violation does not automatically reduce an injury award. Massachusetts follows modified comparative negligence under M.G.L. c. 231, § 85. A plaintiff can recover if the plaintiff’s negligence is not greater than the combined negligence of the defendants, and damages are reduced in proportion to the plaintiff’s share of negligence. The party seeking to reduce or bar recovery has the burden of proving that negligence.
Section 85 also provides that a regulatory violation that contributed to the injury is evidence of negligence, but the violation alone does not bar recovery. In a helmet-related claim, medical records and, when needed, qualified medical or biomechanical evidence can address whether helmet noncompliance contributed to the severity of a head or brain injury and what protection compliant headgear could have provided in the specific impact.
The main issues can be separated as follows:
| Issue | Main Question | Evidence That Matters | Effect on the Claim |
|---|---|---|---|
| Helmet compliance | Did the helmet satisfy Massachusetts law and FMVSS No. 218? | Helmet, certification markings, manufacturer/model information, retaining device | Can affect the § 7 citation issue |
| Crash causation | Who caused the collision? | Crash report, video, witnesses, vehicle damage, scene evidence | Determines liability for the collision; helmet nonuse alone does not answer this question |
| Head or brain injury causation | Did helmet nonuse contribute to the extent of the injury? | Medical records, imaging, helmet condition, qualified medical or biomechanical evidence | A defendant or insurer can raise this when disputing injury causation or damages |
| Citation disposition | What happened with the helmet citation? | Citation and court/RMV records | Payment of the scheduled assessment is not admissible as an admission of negligence in the injury case |
What Evidence Helps Prove a Massachusetts Motorcycle Claim?
Early preservation matters because physical evidence can disappear, video can be overwritten, and memories can fade. Focus on preserving the following:
- The police crash report. Obtain the report from the responding department, whether that is the Boston Police Department, a municipal department, or the State Police, and check how the officer described the sequence of events.
- The helmet itself. Do not discard it. The certification label, manufacturer and model information, condition, and damage can help document which helmet was used and its condition after the crash.
- Medical records from the outset. Emergency department records from a facility such as Boston Medical Center or Massachusetts General Hospital can document early symptoms, diagnoses, and treatment.
- Photographs of the scene. Photos can preserve vehicle positions, debris, tire or skid marks, sight lines, and road conditions before the scene changes.
- Witness names and statements. Record names and contact information while the crash and surrounding events are still fresh in each witness’s memory.
- The motorcycle and the other vehicle. Damage patterns can help reconstruct how the collision occurred.
- Your own record of symptoms. When you are able, write down headaches, memory gaps, dizziness, and sleep changes with dates.
Additional evidence may include nearby business surveillance, available traffic camera footage, dashcam video, and cell phone records relevant to distracted driving. Some of this evidence may require prompt preservation before it is overwritten or becomes unavailable.
Key Takeaway: Preserve evidence early and keep crash causation separate from injury causation. Evidence showing how the collision happened serves a different purpose from evidence addressing helmet compliance or the extent of a head or brain injury.
Colucci, Colucci & Marcus, P.C. can send preservation requests for available video and records and work with medical or reconstruction professionals when liability or injury causation is disputed.
Legal Guidance for Motorcycle Claims Under Massachusetts Helmet Law
A helmet citation can add another dispute to a motorcycle injury claim, especially when an insurer questions fault or the extent of a head or brain injury. Its significance depends on the circumstances of the crash and the injury being claimed.
Our Boston motorcycle accident attorneys Dino M. Colucci and Darin Colucci can review how the citation is being used and respond to unsupported arguments about fault or injury causation. They can use crash records, medical documentation, and other relevant evidence during negotiations or litigation.
We handle personal injury cases on a contingency fee basis, so clients do not pay legal fees upfront. Call Colucci, Colucci & Marcus, P.C. at (617) 958-3807 for a confidential consultation. Our office is located at 31 Milk St, 4th Floor, Boston, MA 02109, serving clients throughout Boston and the surrounding communities.
Frequently Asked Questions
Is Massachusetts a universal helmet law state?
Yes. M.G.L. c. 90, § 7 requires motorcycle operators and passengers to wear compliant protective headgear. A narrow exception applies to a motorcyclist age 18 or older participating in a properly permitted public parade.
Do motorcycle passengers have to wear helmets in Massachusetts?
Yes. Passengers, including those in a sidecar, must wear compliant protective headgear. An operator cannot permit an unhelmeted passenger to ride.
Can I be cited for wearing a helmet that does not meet FMVSS No. 218?
Yes. Motorcycle helmets used to comply with Massachusetts law must meet or exceed FMVSS No. 218. A DOT certification mark does not make a helmet compliant if the helmet itself fails to meet the standard.
Does a helmet violation automatically make me at fault for a crash?
No. Receiving a helmet citation does not make the rider responsible for the crash. Liability is determined from the evidence showing how the collision occurred.
Can the other driver’s insurer use my helmet status against my claim?
An insurer may argue that helmet nonuse increased the severity of a head or brain injury, but the argument needs evidence connecting helmet nonuse to that injury.
What is the fine for riding without a helmet in Massachusetts?
The scheduled assessment is $35 for a first offense, $75 for a second, and $150 for a third, plus a $5 public safety surcharge. For a citation containing only civil motor vehicle infractions, the deadline to pay or request a noncriminal hearing is 20 days from the citation date.
Do out-of-state riders have to follow Massachusetts helmet law?
Yes. The helmet requirement applies while you ride in Massachusetts, even if your license or motorcycle registration is from another state.
Should I still speak with an attorney if I wasn’t wearing a helmet?
Riding without a compliant helmet does not automatically bar an injury claim, and an attorney can review how the helmet issue may affect the case. Call Colucci, Colucci & Marcus, P.C. at (617) 958-3807 for a free consultation.
