Tennessee law currently requires that motorcycle drivers and passengers wear a crash helmet that complies with specific federal safety standards. Drivers and passengers who are 21 and older can wear a helmet that meets specific federal safety standards or standards set specifically set forth in the Tennessee helmet statute, provided the helmet includes a label that the complies with the requirements of the American Society for Testing Materials (ASTM), the Consumer Product Safety Commission (CPSC), the Southern Impact Research Center (SIRC), or the Snell Foundation.
Tennessee’s helmet laws also don’t apply to certain vehicles, such as golf carts and parades or funeral processions provided certain criteria, like low speed limits, are met.
While some bills have been proposed to make the wearing of helmets by motorcycle drivers and passengers voluntary, as of February 2023 the requirement to wear a helmet is mandatory unless a specific exception applies.
In addition to helmets, motorcycle riders should wear reflective clothing and use reflective gear on their motorcycles. Workers should also consider wearing eye protection, taking motorcycle education courses, and taking many other precautions. When motorcycle accidents throughout the Knoxville region happen, riders may suffer traumatic brain injuries, spinal cord damage, and many other serious injuries. Generally, motorcycle accidents are more deadly than car and truck accidents. For many riders, a helmet is the only protection the rider has.
Reasons why riders should buy a new helmet after a motorcycle crash
Motorcycle operators should regularly examine their helmets for signs of wear and tear, cracks, and the amount of padding and foam. Some parts of the motorcycle helmet, such as Styrofoam, degrade with time, which is why many riders replace their helmet every five years. One sign of degradation is the straps of the helmet. If the straps look like they’re deteriorating, that’s a sign the rest of the helmet is too.
RXRiders Place strongly suggests that anyone involved in a motorcycle accident should replace their helmet after a crash, no matter the severity of the crash. Per the author, “You have to replace it because the EPS or EPU foam damaged in light or hard crash will not properly protect you the next time you have a crash.” At a bare minimum, you should have a professional (someone who understands the construction of motorcycle helmets) examine the helmet.
The types of damage that can happen to your motorcycle helmet include:
- EPS (Expanded Polypropylene Foam) or EPU (Expanded Polyurethane) damage. Generally, EPS or EPU foam (unless it’s very high quality) is designed to handle just one crash or one fall from a motorcycle.
- Damage to the face or outer casing. Even if the foam isn’t damaged, it’s likely that the crash or fall will damage the outer casing of the helmet. The shock will likely cause “internal cracks or deformations, causing the helmet to destroy.”
- Shock injury. Rider’s Place cites findings from the Motorcycle Safety Fund that if your helmet experiences shock due to a crash, the shock “significantly lowers its quality and level of protection,” even if the helmet “looks” as though nothing happened. In most cases, the helmet did suffer a “vulnerable shock which will lower its level of defense,” requiring you to replace the helmet.
Some of the initial steps you should take when examining your helmet (though having a professional review or just buying a replacement are better) are:
- Examine the outer mantle of the helmet and look for any cracks in the shell.
- Remove the inside of the helmet so you examine the Styrofoam.
- Examine the front of the helmet and the plastic to “make sure the top and bottom connector is securely connected.”
- Study the EPS form. Make sure there are no cracks in the black-colored part of the EPS foam.
Generally, helmets that are involved in any motorcycle accident should be replaced. If you just drop the helmet on the ground, examining the helmet and having a professional examine it if you have any uncertainty should suffice. As a rule, it’s better to replace the helmet than not if you have any concerns.
The cost of replacing a motorcycle helmet
Motorcycle helmets can cost up to $1800, depending on the type, safety ratings, and quality of the helmet. Full-face motorcycle helmets typically cost about $450. The cost of the helmet is actually a minor consideration. The major consideration is the cost of the medical bills if you get into an accident.
The reason there are laws on motorcycle helmets throughout the United States is the general consensus that helmets prevent or reduce the severity of head and brain injuries. Just the surgical treatment and hospital stay for a TBI victim can cost hundreds of thousands of dollars. The expense of lifetime care can run into the millions – and that amount doesn’t even take into consideration the cost of your daily pain and suffering.
Choosing the right helmet
Helmets come in different styles depending on the type of motorcycle riding you do and the motorcycle you ride – along with different prices and safety features. The National Highway Traffic Safety Administration (NHTSA) recommends that you consider the following factors when selecting a motorcycle helmet:
- Choose the correctly-shaped helmet for your head. Helmets come in different shapes: “round oval, intermediate oval (the most common), and long oval.” Try the helmet on and look at a mirror or have a friend help you. Focus on how the helmet fits your head, not your face.
- Choose the correct size. Per the NHTSA, “When measuring your head, use a cloth tape. Start it just above your eyebrows and circle it around the thickest point in the rear of your head. Cross-reference this measurement with a helmet size chart. A correctly sized helmet will be a little tight, providing even pressure around your head without uncomfortable pressure points. It should not move when you shake your head.”
- Check the safety ratings. Helmets should have a DOT (Department of Transportation) symbol on the outside back, which means the helmet meets Federal Motor Vehicle Safety Standard (FMVSS) No. 218.
The NHTSA doesn’t certify helmets, but it does test them. If helmets are unsafe, the NHTSA can add that helmet to its recall list, which can be found on its online database.
At Banks and Jones, our experienced Knoxville motorcycle accident lawyers have been fighting for personal injury victims for nearly 30 years. We work with investigators and others to determine how the accident and who is responsible. Our lawyers work with your doctors to fully understand the scope and severity of any traumatic brain injuries or any other injuries. When necessary, we work with product safety experts who can examine your motorcycle helmet for defects. We fight to obtain all the economic and personal damages you deserve.
To speak with a respected motorcycle accident lawyer in and near Knoxville, call us or use our contact form to schedule a free consultation.
T. Scott knows the importance of interacting with colleagues to stay abreast of developments and changes in the legal world. T. Scott frequently teaches CLE courses on trial strategy, teaching other lawyers his methods for success in the courtroom, and is certified as a Rule 31 Mediator in the Tennessee Supreme Court. He is a member of the Knoxville Bar Association, the Tennessee Bar Association, the National Trial Lawyers, and both the Tennessee and American Associations for Justice.
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