Nebraska’s Helmet Law Isn’t What It Used to Be. Your Claim Still Is.

For decades, Nebraska was a state where the answer was simple: everybody wears a helmet, every ride, no exceptions. Plenty of riders — and plenty of adjusters — still believe that is the law. It isn't, and the gap between what people think the statute says and what it actually says shows up in the claims I handle.

Here is what Neb. Rev. Stat. § 60-6,279 provides as it reads today.

The rule, and the conditions attached to it

The default is still a helmet. A person may not operate a motorcycle or moped on a Nebraska highway unless wearing an approved protective helmet — unless the rider is 21 or older and one of these applies:

• the rider holds a Nebraska Class M license obtained before May 1, 2024 and has completed the Motorcycle Safety Foundation's three-hour Basic eCourse; or
• the rider holds a Nebraska Class M license obtained on or after May 1, 2024 and has completed the basic motorcycle safety course under the Motorcycle Safety Education Act; or
• the rider holds a motorcycle license issued by another state.

For passengers, the statute is stricter in a way people miss: a passenger must wear a helmet unless the passenger is at least 21 and the operator qualifies for an exemption. A legally helmetless rider does not automatically make a helmetless passenger legal.

And one requirement applies to every operator, exemption or not: approved eye protection. The statute lists what counts — glasses covering the orbital region of the face, a face shield attached to a helmet, goggles, or a windshield protecting the horizontal line of vision. Riders comfortable with the helmet exemption sometimes forget the eye protection requirement did not go anywhere.

What the statute does not say

I read all four subsections of § 60-6,279 carefully before writing this, and here is what is not in any of them: a single word about evidence, civil liability, negligence, or damages. The statute tells you what to wear. It does not purport to tell a jury or an insurance company what your injury claim is worth if you weren't wearing it.

That silence is worth understanding, because an adjuster will not volunteer it. In every serious motorcycle claim I handle, the carrier's evaluation arrives with a version of the same theme — the rider assumed the risk, the injuries would have been less severe, a person on a motorcycle was gambling. The helmet question gets folded into that story whether or not the rider was required to wear one, and sometimes when the injuries had nothing to do with the head.

What effect, if any, helmet use has in a given Nebraska case is a legal question that turns on the facts, the injuries, and the arguments made. It is exactly the question to put to a lawyer before you answer an adjuster's friendly inquiry about what gear you had on. Do not give a recorded statement about it.

The rest of the case is where the money is

The helmet argument is usually a distraction from the fact that decides most motorcycle cases: somebody in a car turned left across a rider's path, changed lanes into one, or pulled out without looking. I have written before about how a failure-to-yield left turn destroys a rider's life in under a second, and that fact pattern has not changed with the statute.

Motorcycle injuries also run more severe than almost anything else on the road, and traumatic brain injuries get downplayed early, because the emergency room is focused on the fractures. A TBI that surfaces as irritability, word-finding trouble and lost hours at work three months later is a real injury with real value, and it needs documenting by the right specialists rather than arguing about later. Our published settlement examples show what these cases look like built properly.

Why bring your case to me

I have handled enough of these to know how fast the blame gets pointed at the person on two wheels. I build motorcycle cases on the physical evidence — sight lines, speeds, the turning vehicle's own data — so the case is about what the driver did, not what the rider was wearing. My clients have recovered more than $23 million, with a top result of $5.4 million, and they describe that representation in many five-star reviews. My firm was voted Best of Omaha for personal injury law in 2025 and 2026, and I will try a motorcycle case rather than accept a discount for the machine you chose to ride.

If a driver hit you or someone you love on a motorcycle in Nebraska or western Iowa, call an Omaha motorcycle accident lawyer before you call the other driver's insurer. Reach me at (402) 378-9208 or get in touch here. The consultation is free, and there is no fee unless I win.

Frequently asked questions

Do you have to wear a helmet on a motorcycle in Nebraska?

The default is still a helmet. A person may not operate a motorcycle or moped on a Nebraska highway unless wearing an approved protective helmet — unless the rider is 21 or older and holds a qualifying Nebraska Class M license with the required safety course, or holds a motorcycle license issued by another state.

Does a motorcycle passenger in Nebraska have to wear a helmet?

For passengers, the statute is stricter in a way people miss: a passenger must wear a helmet unless the passenger is at least 21 and the operator qualifies for an exemption. A legally helmetless rider does not automatically make a helmetless passenger legal.

Is eye protection required on a motorcycle in Nebraska?

One requirement applies to every operator, exemption or not: approved eye protection. The statute lists what counts — glasses covering the orbital region of the face, a face shield attached to a helmet, goggles, or a windshield protecting the horizontal line of vision.

Does Nebraska's helmet law say anything about a motorcycle injury claim?

Not a single word about evidence, civil liability, negligence, or damages appears in any of the four subsections of § 60-6,279. The statute tells you what to wear. It does not purport to tell a jury or an insurance company what your injury claim is worth if you weren't wearing it.

Your Attorney

Frank Younes

Every page on this site is written by Frank Younes, a Nebraska trial attorney with a published record of verdicts and settlements, selection to the National Trial Lawyers Top 100, and a practice that covers every county in Nebraska and Iowa. No case is handed to an associate — the lawyer you read here is the lawyer who works your case.

More about Frank → · Free consultation: (402) 378-9208