Riding a motorcycle without a helmet is a dangerous endeavor. According to the National Highway Traffic Safety Administration (NHTSA), about 39 percent of the 4,586 people killed in motorcycle crashes nationwide during 2014 were not wearing a helmet at the time of the crash. While you should always wear a helmet when riding, know that your motorcycle helmet use should not have an effect on your insurance claim.
For help with a motorcycle accident claim, call Gallon, Takacs, & Boissoneault Co., L.P.A.
What does the Ohio law say about wearing a helmet?
Ohio’s helmet law requires all motorcyclists to wear a helmet during the first year they hold a motorcycle license. Riders age 17 and younger must always wear a helmet, regardless of experience. Only helmets approved by the United States Department of Transportation satisfy this requirement.
Ohio helmet use laws also state, “The provisions of this paragraph or a violation thereof shall not be used in the trial of any civil action.” This means that your helmet use does not prevent you from receiving compensation for your injuries in a lawsuit based simply on the fact that you were not wearing a helmet.
How does helmet use affect my ability to collect compensation?
As we stated above, regardless of whether or not you were wearing a helmet, if another driver caused the accident, you are eligible to file a claim. This is true in most states, but other states would also likely consider not wearing a helmet contributory negligence. Ohio differs from these states by providing that defendants may not use motorcycle helmet use as evidence of contributory negligence.
Essentially, because the law does not require you to wear a helmet (if you are over 18 or have been riding for over a year) and because it disallows using helmet use as evidence in a civil trial, you are likely eligible to receive full compensation for your injuries, regardless of whether you wore a helmet.
How can Gallon, Takacs & Boissoneault Co., L.P.A. help?
If you suffered injuries in a Toledo motorcycle accident and were not wearing a helmet at the time of the crash, you still have options. To get the full amount of compensation you deserve, be sure to speak with a knowledgeable Ohio motorcycle accident attorney. The legal team at Gallon, Takacs & Boissoneault Co., L.P.A. can help.
Contact us today at 419-843-6663 to learn more.