Motorcycle Helmet Laws and Liability in Nevada
Helping you understand how the helmet laws operate in Nevada
Motorcycle helmet laws in Nevada are designed to protect riders from severe head injuries, but they also play a critical role in determining liability after an accident. Whether you wear a helmet or not, understanding how these laws affect your case is essential to protecting your rights and securing fair compensation.
At The Paul Powell Law Firm, we represent injured motorcyclists across Nevada and understand the nuances of helmet law liability. If you’ve been hurt in a crash, our team will fight to ensure your injuries are taken seriously and that you’re not unfairly blamed due to helmet use or non-use.
Understanding Nevada’s Motorcycle Helmet Laws
Under Nevada Revised Statute **NRS 486.231**, all motorcycle riders and passengers are required to wear helmets while operating or riding on a motorcycle. The law also mandates the use of protective eyewear unless the bike is equipped with a windshield.
While helmet use can reduce the severity of head injuries, it does not eliminate a driver’s liability in causing an accident. Unfortunately, insurance companies often use helmet noncompliance to reduce or deny claims. That’s why having a knowledgeable motorcycle accident lawyer is critical.
Motorcycle Accident Lawyer for Wrongful Death Claims
In Nevada, the law allows certain family members to file a wrongful death claim when a loved one dies due to someone else’s negligence. Eligible parties include:
- Spouses
- Children
- Parents
- Legal representatives of the estate
Wrongful Death Claim Compensation
A wrongful death claim can help families recover compensation for:
Funeral and burial expenses
Lost income and financial support
Emotional suffering and mental anguish
Loss of companionship and guidance
While no amount of money can replace a loved one, financial compensation can help ease the burden and assist families in moving forward.
Motorcycle Accident Lawyer Who Understands Motorcycle Helmet Laws & Liability
Motorcycle helmet law cases require a strategic legal approach. At The Paul Powell Law Firm, we analyze crash dynamics, injury reports, and helmet specifications to determine whether helmet use was relevant—and whether the driver’s negligence was the actual cause of harm.
Nevada follows a comparative negligence system under NRS 41.141, which means injured parties can still recover damages even if they were partially at fault, if they were less than 50% responsible. Our attorneys know how to counter arguments that unfairly shift blame onto motorcyclists.
We gather evidence such as:
- Police reports and medical records
- Helmet condition and compliance details
- Eyewitness statements
- Expert testimony on injury causation
Our goal is to ensure that your case is evaluated fairly and that you receive the compensation you deserve for medical expenses, lost wages, and pain and suffering.
What to Do After a Motorcycle Accident Involving Helmet Disputes
If you’ve been injured in a motorcycle accident and helmet use is being questioned, take these steps to protect your rights:
- Seek medical attention immediately and document all injuries
- Preserve your helmet and riding gear as evidence
- Obtain the police report and witness statements
- Contact a motorcycle accident lawyer with helmet law experience
Early legal intervention can prevent insurance companies from unfairly reducing your claim based on helmet use. Our attorneys know how to challenge these tactics and present a strong case.
Let Us Help You Navigate Motorcycle Helmet Laws & Liability
At The Paul Powell Law Firm, we believe every injured rider deserves justice—regardless of helmet use. Our team combines aggressive litigation with compassionate client care, and we’ve recovered nearly $250 million for injury victims across Nevada.
If you’re looking for a trusted motorcycle accident lawyer who understands helmet law liability, contact us today for a free consultation. We’ll listen to your story, explain your rights, and help you take the next step toward recovery.
Frequently Asked Questions
Yes, Nevada law requires all motorcycle riders and passengers to wear helmets that meet U.S. Department of Transportation (DOT) safety standards. This mandatory helmet law applies regardless of age or experience level. Violating Nevada’s helmet law can result in traffic citations. However, wearing a helmet significantly reduces the risk of traumatic brain injuries and death in motorcycle accidents. Our motorcycle accident attorneys strongly encourage helmet use for rider safety.
Yes, you can still recover compensation even if you weren’t wearing a helmet, but your award may be reduced under Nevada’s comparative negligence rule. Insurance companies will argue that your injuries were more severe because you weren’t wearing a helmet, and that you should bear some responsibility for the extent of your injuries. However, the other driver’s negligence in causing the accident remains the primary fault. An experienced attorney will work with medical experts to distinguish between injuries caused by the crash itself versus those potentially affected by lack of helmet use.Yes, you can still recover compensation even if you weren’t wearing a helmet, but your award may be reduced under Nevada’s comparative negligence rule. Insurance companies will argue that your injuries were more severe because you weren’t wearing a helmet, and that you should bear some responsibility for the extent of your injuries. However, the other driver’s negligence in causing the accident remains the primary fault. An experienced attorney will work with medical experts to distinguish between injuries caused by the crash itself versus those potentially affected by lack of helmet use.
Helmet laws affect liability in several ways. First, violating the helmet law can be used as evidence of comparative negligence, potentially reducing your compensation by your percentage of fault. Second, insurance companies often hire experts to argue that specific injuries (particularly head injuries) would have been less severe with a helmet. Third, wearing a DOT-approved helmet strengthens your case by eliminating this defense argument. However, helmet use or non-use does not affect liability for causing the accident—the at-fault driver remains responsible for their negligence regardless of whether you wore a helmet.
Not wearing a helmet can potentially affect your motorcycle accident claim under Nevada’s comparative negligence law if the defense can prove that your head injuries would have been less severe or prevented by helmet use. However, failure to wear a helmet does not bar you from recovering compensation for other injuries, and the at-fault driver remains responsible for causing the accident. A skilled motorcycle accident attorney can minimize the impact of helmet non-use on your claim while maximizing recovery for your injuries.Not wearing a helmet can potentially affect your motorcycle accident claim under Nevada’s comparative negligence law if the defense can prove that your head injuries would have been less severe or prevented by helmet use. However, failure to wear a helmet does not bar you from recovering compensation for other injuries, and the at-fault driver remains responsible for causing the accident. A skilled motorcycle accident attorney can minimize the impact of helmet non-use on your claim while maximizing recovery for your injuries.
Nevada requires motorcycle helmets to meet U.S. Department of Transportation (DOT) Federal Motor Vehicle Safety Standard 218. DOT-compliant helmets must have a firm inner liner, chin straps, proper weight, and the DOT certification sticker. Novelty helmets or those that don’t meet DOT standards do not satisfy Nevada’s helmet law. Using a non-compliant helmet could be treated similarly to wearing no helmet for purposes of comparative negligence in a motorcycle accident injury claim.