Do You Have To Wear A Motorcycle Helmet In Delaware?

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Motorcycle helmets protect against head or brain injuries should one get into a motorcycle accident.

And since motorcycle accident deaths account for 14% of all deaths in the US, one needs to get adequate protection from such incidents.

Different states have different laws regarding motorcycle helmets. These are either universal or partial helmet laws.

The helmet law in Delaware is pretty straightforward in case if you are wondering do you have to wear a motorcycle helmet in Delaware or not.

According to the law, only those drivers and passengers under eighteen are legally required to wear helmets when riding a motorcycle.

Those adults driving a motorcycle must have a motorcycle helmet in their possession for as long as they are riding.

In addition, whenever operating or riding a motorcycle, underage individuals are required to wear eye protection.

To learn more about the helmet guidelines, continue reading the article about the type of helmet one is legally required to wear and the legal consequences one might have to face when caught riding without a motorcycle helmet.

Motorcycle Helmet Laws And Rules In Delaware

Learn how Delaware motorcycle helmet regulations work

Under Delaware Code Title 21, Section 4185, all motorcyclists and motorcycle passengers under eighteen are required to wear safety helmets when operating or riding a motorcycle.

These helmets must be approved by the Secretary of Safety and Homeland Security through the Delaware Office of Highway Safety.

In addition, all adult motorcyclists and passengers must have approved safety helmets and eye protection when riding a motorcycle, regardless of whether they choose to use it or not.

This law makes Delaware one of the twenty-eight states with partial helmet laws. Nineteen states have universal helmet laws, whereas three have no helmet laws.

Motorcycle Helmet Requirements In DE

The helmet that is worn or carried must be federally approved. Therefore, the helmet should meet or exceeds the US Department of Transportation (DOT) Federal Motor Vehicle Safety Standard (FMVSS) 218.

In addition, the helmet must be permanently labeled with the manufacturer’s name or identification, the model number, the size, month, and year of manufacture.

Moreover, the DOT symbol should be visible on the outside rear of the helmet, which will indicate that the helmet meets the appropriate safety standards.

According to the State of Delaware Office of Highway Safety, motorcyclists are prohibited from making modifications to their helmets and wearing helmets with speakers that enter or block the ear canals completely.

The helmet must be properly fastened to the head and according to the individual’s head size.

Penalties/Legal Consequences

The legal consequences apply to underage individuals. If found guilty of the offense of driving without a motorcycle helmet, they will have to pay an amount between $25 to $115 for their first offense.

For their second offense, the amount and severity of consequences will increase. There will be no legal action against adults driving without a helmet.

In court, if a minor injured in a motorcycle accident was found guilty of driving without a motorcycle helmet, this can go against them and might result in them not winning the case and getting their hands on any compensation.

In this case, they will have to pay expensive bills alone.

Eye Protection In The State Of Delaware

Underage individuals who are drivers or passengers are required to wear eye protection when riding a motorcycle.

In addition, eye protection should be carried by adults in addition to the protective headgear. The types of eye protection must be approved by the Secretary of the Department of Safety and Homeland Security.

These include any types of goggles or glasses that have protective lenses. Protective lenses cover at least the orbital bone of the eye. These do not include contact lenses.

In addition, a face shield could also be worn as eye protection.

Get In Touch With Experienced Motorcycle Attorneys In Delaware

If you get into a motorcycle accident regardless of whether you were wearing a helmet or not, then getting compensation from an insurance company can be a hassle.

And if you do not win your case, then you might have to pay expensive medical bills as well as for any loss or damages. This is why it is essential to hire an experienced attorney in the area.

Following are the most experienced and the best motorcycle accident attorneys if you get into an accident that will help you get the compensation you deserve.

1. Freibott Law Firm

The Freibott Law Firm, P.A., the Wilmington personal injury lawyers, provide representation for injured people in all of Delaware especially when it comes to motorcycle accidents.

These attorneys have over 50 years of combined legal experience and have a history of getting results for their clients.

Frederisk S. Freibott has been voted by his peers three times as one of the top personal injury attorneys in Delaware in the years 1999, 2012, and 2019.

You can either fill out the online form or call the firm to book a free consultation and get your compensation.

Phone Number: (302) 633-9000

2. Gary S Nitsche, P.A.

These Delaware personal injury lawyers have consistently been recognized for their achievements in the courtroom.

They have extensive personal injury practice and experience, because of which they are well-prepared to handle your claim of motorcycle accidents injuries.

Gary S. Nitsche, the managing partner of the law firm, handles personal injury matters, has litigated some of the most important and significant personal injury cases such as motorcycle accidents injuries, and has been regularly honored as a Super Lawyer for seven years, 2011-2017.

He has also been recognized by America’s best lawyers for personal injury for the seven years from 2012-2018 and probably has the largest personal injury practice in the State of Delaware.

Phone Number: (302) 655-4040

3. Silverman, McDonald And Friedman

The lawyers at this firm have offices in Newark, Wilmington, and Seaford for the convenience of clients in all of Delaware.

The team will answer your questions and lay out a practical step-by-step plan for you and your family in case of motorcycle accident.

These personal injury attorneys have been working in the state of Delaware for decades, handling very complex and routine claims.

Since they have enough experience and because of their experience, they have the skills and resources to take care of your case regardless of how the motorcycle accident occurred.

They will work with outside investigators and your doctors to get a strong case for you.

Phone Number: (302) 455-2378

Frequently Asked Questions

Q1. Is It Ok To Wear An Open Face Helmet In Delaware?

An open-faced helmet cannot be considered a helmet when worn. This is because it does not provide adequate protection against motorcycle accidents.

Therefore, if underage individuals are driving without wearing a full-faced helmet, even when wearing an open-faced helmet, this might result in legal consequences as wearing a federal law-approved helmet is required.

Q2. How Much Is The Fine For Not Wearing A Motorcycle Helmet In Delaware?

In Delaware, the fine applies to underage individuals driving without a motorcycle helmet, as adults only need to possess a motorcycle helmet when driving.

The fine can range from $25 to $115 for the first offense if an underage individual is found guilty of the offense. This amount will increase for a second offense.

Q3. When Did Motorcycle Helmet Become Law In Delaware?

Delaware used to be a universal helmet law state for as long as the government put sanctions on states not having a universal helmet law.

In 1978 however, the state of Delaware changed its universal helmet law into the current partial helmet law.

There have been attempts to reinstate a universal helmet law by passing bills in 2015 and 2016; however, these attempts have been unsuccessful, and the state continues to have a partial helmet law.

Q4. Should Passengers Wear A Helmet In Delaware?

The drivers and all passengers under the age of eighteen are required to wear a federal law-approved motorcycle helmet when riding a motorcycle.

In addition, they are also required to wear eye protection. Therefore, any passengers over the age of eighteen are not required to wear a motorcycle helmet.

Q5. Are Moped Drivers Required To Wear A Helmet In Delaware?

Regardless of whether the driver is riding a moped vehicle, all those drivers and passengers under eighteen must wear helmets. That is, the law is not affected by the type of vehicle that is being ridden.

All moped drivers and passengers under the age of eighteen are legally required to wear a helmet, and even though it is not legally required, it is recommended to wear protective clothing.

You may also be interested in my article: How To Get A Motorcycle License In Delaware


Wearing protective headgear is essential to protect oneself from getting injured in a motorcycle accident.

Even though the helmet law in Delaware is partial, it is still recommended for every individual to wear an approved helmet for as long as driving a motorcycle.

I hope you have found the answer to ‘do you have to wear a motorcycle helmet in Delaware’. In Delaware, are not only helmets legally required for minors, but also appropriate eye protection, which must be kept in mind.

In addition, all adults must possess these helmets and eye protection regardless of if they wear them.

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