Personal Injury Law

Missouri helmet law revision still waiting on Nixon?s approval

By Ryan Bradley, Esq.

Missouri Senate Bill 202, a bill that would allow motorcyclists to ride without a helmet, is still awaiting a signature from Governor Jay Nixon.

The bill passed through both the House and Senate last month and will become law if Nixon doesn?t veto it.

The bill will change two motorcycle related laws in Missouri if passed. The first, and most publicized change, is that anybody over 21 will have the option to wear a helmet when riding their motorcycle. Currently, all riders must wear a helmet at all times to protect against motorcycle injury accidents.

The other major element of Senate Bill 202 that?s not getting as much attention from the media, though it?s certainly getting the attention of Missouri personal injury attorneys, is the effect the bill will have on insurance law.

Under current law, if a motorcycle was involved in an injury accident with a car, an insurance company could deny the cyclist a large portion of their insurance claim on the grounds that a motorcycle is a hazardous vehicle. Insurance companies could do this even if the motorcyclist was fault-free in the accident.

Legislators found this discrepancy unfair to motorcyclists so the bill would close this loophole and force insurance companies to treat cyclists the same as car drivers.

If signed by the governor, the law would take effect this year and expire in August 2014 giving the Missourians time to see the ramifications with regard to public safety and insurance law before renew or rewriting the law.

Full post as published by Missouri Accident Lawyer Blog on June 03, 2009 (boomark / email).