Despite motorcycle helmet laws in Washington being among the strictest in the country, in 2023, the state experienced 142 motorcyclist fatalities, the highest number ever recorded, according to the Washington Traffic Safety Commission. Under the Revised Code of Washington (RCW) 46.37.530, every person operating or riding on a motorcycle must wear a DOT-approved helmet while the vehicle is in motion. Attorney Zach Herschensohn has been fighting for injured motorcycle riders since 2003, recovering millions in verdicts and settlements, including a $1.6 million settlement for a construction worker injured on the job and a $1.25 million settlement in a trucking case. To speak to an experienced Kent motorcycle accident lawyer, contact Herschensohn Law, PLLC at (206) 222-9553.
Summary of Washington Motorcycle Helmet Laws, DOT-Approved Helmets, And Motorcycle Accident Claims
Washington motorcycle helmet laws require all motorcycle, moped, and motor-driven cycle operators and passengers to wear a DOT-approved helmet under RCW 46.37.530 while riding on public roadways.
- RCW 46.37.530 mandates a helmet with a hard outer shell, impact-absorbing liner, secured chin or neck strap, and manufacturer certification, while non-compliant novelty helmets do not satisfy Washington law.
- Washington's universal helmet law applies regardless of age, riding experience, license classification, or trip distance, and also requires approved eye protection when a motorcycle lacks adequate windshield coverage.
- Failure to wear a helmet may result in a traffic infraction and could affect personal injury compensation under Washington's pure comparative fault system.
Herschensohn Law, PLLC represents individuals involved in motorcycle accident matters throughout Washington, including Kent and surrounding communities.
All Washington Bikers Must Wear a Helmet
Since 1990, Washington has maintained a universal helmet law requiring every driver and passenger on a motorcycle, moped, or motor-driven cycle to wear a helmet at all times while the vehicle is in motion on public roads. Under RCW 46.04.332, a “motor-driven cycle” is defined as any motorcycle or motor scooter with an engine that produces no more than five horsepower. This definition excludes legal e-bikes, which are capped at 750 watts (approximately 1 horsepower) and generally follow local rather than statewide helmet mandates. Additionally, while four-wheeled vehicles like quads are not "motorcycles," Washington law still requires helmets for these off-road vehicles on public land unless they are equipped with both seat belts and a roll cage, such as a Polaris RZR.
RCW 46.37.530 applies to all public roadways statewide, from interstates to back roads. There are no exemptions based on riding experience, license classification, or trip distance. The statute's reach is broad, and the Kent Police Department, Washington State Patrol, and King County Sheriff’s Department treat violations like any other citable traffic infractions. Additionally, the chin or neck strap must be fastened and secured while the motorcycle is in motion. A helmet worn loosely or with an unfastened strap does not satisfy the law's requirements.
Helmets Must Be DOT-Approved
As a Kent motorcycle accident law firm, Herschensohn Law, PLLC, wants to underscore that not every commercially sold helmet meets Washington's legal standard. RCW 46.37.530 mandates that motorcycle helmets must consist of a hard outer shell, an impact-absorbing inner liner, and a chin or neck strap retention system. The National Highway Traffic Safety Administration further requires that helmets must also bear the manufacturer's certification. Novelty helmets, such as thin decorative shells that lack an impact liner, do not satisfy this requirement.
Moreover, RCW 46.37.530 prohibits any person from selling or offering for sale a non-compliant motorcycle helmet. Riders can confirm compliance by checking for the DOT certification label on the back exterior of the helmet. Likewise, it is important to understand that a helmet that was once compliant but is now visibly cracked, crushed, or structurally compromised no longer satisfies the law, regardless of its original certification.
Other Vehicles Requiring Helmets
Washington's motorcycle helmet laws apply to several other vehicle categories per RCW 46.37.530. Mopeds, defined as gas-powered cycles with engines of 50cc or less and top speeds under 30 mph, require DOT-approved helmets for all riders and passengers. Again, operating a
motor-driven cycle, which is a motorcycle with an engine of 250cc or less, is also subject to helmet laws. It does not matter whether a motorcycle is electric or gas-powered; the helmet law still applies.
Furthermore, motorized foot scooters and e-bikes fall into a separate category. Washington does not impose a statewide helmet mandate for e-bike or traditional bicycle riders, but King County has required bicycle and e-bike riders to wear helmets since 2003. Pierce County and Spokane County have enacted similar local ordinances. Riders in Kent should confirm the applicable local rules for their specific vehicle before riding.
Eye Protection and Windshields
RCW 46.37.530 also governs eye protection, a requirement riders sometimes overlook. Any operator of a moped, motor-driven cycle, or motorcycle that is not equipped with a windshield must wear approved eye protection while riding. Acceptable forms of eye protection include goggles, a face shield, or glasses that meet the standards set by the Washington State Patrol, which has the power to adopt and amend rules concerning eye protection requirements. To clarify, eye protection must provide an unobstructed field of vision and be made from shatter-resistant materials.
Motorcycles equipped with windshields are not automatically exempt from this requirement. If the windshield does not provide full eye coverage for the operator, supplemental eye protection is still required. Riders involved in collisions who were not wearing required eye protection can expect opposing insurance carriers to use this to deny the claim or reduce the settlement amount.
Washington Helmet Law Age Exemptions
Washington's motorcycle helmet laws apply to every rider and passenger regardless of age, from a teenager with a learner's permit to a seasoned rider with an unblemished driving record. This places Washington among the minority of states that impose a true universal helmet law with no minimum age threshold for exemption. Several other states limit the helmet requirement to riders under 18 or under 21, but Washington draws no such distinction.
Furthermore, RCW 46.37.530 expressly prohibits transporting a child under the age of five on a motorcycle or motor-driven cycle under any circumstances, whether the child is helmeted or not. Because no rider in Washington has a legal basis to operate without a helmet, any unhelmetted rider in an accident will fight an uphill battle getting an insurance settlement.
Consequences of Not Wearing a Helmet
Riding without a DOT-approved helmet is a citable traffic infraction under RCW 46.37.530. Beyond the fine, the civil consequences are often more significant. Washington follows a pure comparative fault system, meaning a victim's damages in a lawsuit are reduced in proportion to their percentage of fault. Insurance carriers routinely argue that a helmetless rider's carelessness contributed to the severity of any head injuries sustained.
In Larson v. City of Pasco, the Washington Supreme Court reaffirmed that a plaintiff's own conduct, including failure to use required safety equipment, is considered under the state's comparative fault framework. While failing to wear a helmet does not bar a victim from pursuing compensation entirely, it will seriously reduce the final settlement award. Furthermore, riders who were not wearing helmets at the time of an accident should consult a reputable Washington motorcycle attorney before providing any statements to insurance adjusters.
Call a Washington Motorcycle Accident Attorney Today
Herschensohn Law, PLLC has represented injured bikers and their families since 2003, and attorney Zach Herschensohn is a member of the National Trial Lawyers. Our firm serves clients across Washington state. Call (206) 222-9553 now to speak directly with a compassionate and hardworking motorcycle accident lawyer in Kent.
Essential FAQs About Washington Motorcycle Helmet Laws and Motorcycle Safety Requirements
The following FAQs address common legal questions about Washington motorcycle helmet laws, DOT-approved helmets, eye protection requirements, and motorcycle accident claims.
Do All Motorcycle Riders Have To Wear A Helmet In Washington?
Yes, Washington motorcycle helmet laws require every motorcycle rider and passenger to wear a DOT-approved helmet whenever operating a motorcycle on a public roadway. RCW 46.37.530 establishes a universal helmet requirement that applies to all riders and passengers regardless of age, experience level, motorcycle endorsement status, or trip length.
What Type Of Helmet Is Legal Under Washington Law?
A legal motorcycle helmet in Washington must be DOT-approved and include a hard outer shell, impact-absorbing liner, secured retention strap, and manufacturer certification. RCW 46.37.530 requires helmets to meet specific safety standards, and novelty helmets that lack required protective components generally do not comply with Washington law.
Does Washington Have Any Motorcycle Helmet Law Exemptions?
No, Washington maintains a universal motorcycle helmet law that does not provide age-based or experience-based exemptions for motorcycle riders or passengers. Unlike some states that exempt certain adult riders, RCW 46.37.530 requires helmet use for all motorcycle, moped, and motor-driven cycle operators and passengers on public roads.
Are Mopeds And Motor-Driven Cycles Covered By Washington Helmet Laws?
Yes, Washington motorcycle helmet laws apply to mopeds and motor-driven cycles in addition to traditional motorcycles operating on public roadways. Riders and passengers using covered vehicles must wear DOT-approved helmets that satisfy the requirements established under RCW 46.37.530.
Is Eye Protection Required For Motorcycle Riders In Washington?
Yes, Washington law requires approved eye protection when operating a motorcycle, moped, or motor-driven cycle that lacks adequate windshield protection. RCW 46.37.530 authorizes eye protection standards that generally require shatter-resistant materials and an unobstructed field of vision for motorcycle operators.
What Happens If A Motorcycle Rider Does Not Wear A Helmet During An Accident?
Failure to wear a helmet does not automatically prevent compensation after a motorcycle accident, but it may affect damage recovery under Washington's comparative fault rules. Insurance companies may argue that the absence of a DOT-approved helmet contributed to the severity of head injuries, potentially reducing compensation awarded in a personal injury claim.
How Does Comparative Fault Affect Motorcycle Accident Claims In Washington?
Washington follows a pure comparative fault system that reduces compensation according to an injured person's percentage of fault for damages. Courts and insurance carriers may evaluate compliance with safety requirements, including RCW 46.37.530 helmet mandates, when determining liability and damages following a motorcycle accident.
How Can Herschensohn Law, PLLC Help With A Washington Motorcycle Accident Matter?
Individuals involved in a Washington motorcycle accident may consider visiting with an experienced attorney at Herschensohn Law, PLLC to learn more about available legal options. Attorneys at Herschensohn Law, PLLC could help clarify Washington motorcycle accident laws, comparative fault principles, insurance claim issues, and potential avenues for compensation.
