Can Ohio Motorcycle Riders Lose Compensation for Not Wearing a Helmet?

Motorcycle accidents often result in severe injuries, and if you’re injured in Ohio while not wearing a helmet, you may wonder if this choice affects your compensation. Although Ohio law doesn’t mandate helmet use for all riders, going without one may impact your claim if you’re involved in an accident, particularly if head injuries are involved. At Paulozzi LPA, we help motorcyclists navigate Ohio’s complex laws on compensation, guiding you through each step to ensure you receive fair treatment and compensation for your injuries.

Ohio Helmet Laws and What They Mean for Motorcyclists

Ohio’s helmet laws specify that:

• Riders and passengers under 18 must wear helmets.
• New riders (those licensed for less than a year) and their passengers must wear helmets, regardless of age.
• Riders over 18 with a year or more of experience are not legally required to wear helmets.

While Ohio allows experienced riders over 18 the choice to forgo helmets, not wearing one can complicate a claim if you’re injured in an accident. This choice does not prevent you from seeking compensation but may influence the amount if comparative negligence comes into play.

Comparative Negligence in Ohio and Its Impact on Compensation

Ohio follows a comparative negligence system in personal injury cases. Under this system, if you’re partially at fault for your injuries, your compensation may be reduced proportionately. This rule applies if your decision not to wear a helmet is deemed to have contributed to the severity of your injuries.

For instance, if you’re involved in an accident caused by another driver but sustain head injuries that might have been less severe with a helmet, the other party’s insurance may argue that your choice increased your injury severity. However, as long as you’re less than 50% at fault, you’re still eligible to pursue compensation, although the total amount may be reduced by your degree of fault.

How Not Wearing a Helmet May Affect Different Types of Compensation

Not wearing a helmet in Ohio may affect your compensation in the following ways:

1. Head Injury-Related Claims: If your injuries include head trauma, the defense may argue that the severity was partly due to your choice not to wear a helmet, leading to a reduction in compensation.
2. Non-Head Injuries: If your injuries do not involve the head (such as fractures or soft tissue injuries in the torso or limbs), the lack of a helmet should not impact your claim, as helmets are designed to protect against head injuries.
3. Pain and Suffering Damages: Compensation for pain and suffering may also be influenced if you’re found partially at fault due to not wearing a helmet, especially if it affected the extent of pain and recovery time related to head injuries.

Building a Strong Claim When Not Wearing a Helmet

If you’ve chosen not to wear a helmet and are involved in an accident, you can still build a solid claim for compensation by focusing on the other party’s negligence and minimizing any focus on the helmet issue. Here’s how:

1. Document All Injuries and Treatments

Thorough documentation is crucial. Seek immediate medical attention and keep all medical records and documentation related to your injuries, treatments, and rehabilitation. These records demonstrate the extent of your injuries and support your case, especially when distinguishing between head-related and non-head-related injuries.

2. Establish Liability and Prove Negligence

Showing that the other driver was clearly at fault is key to shifting the focus away from helmet use. Police reports, eyewitness statements, and video footage from the accident can help establish the other party’s responsibility. At Paulozzi LPA, we work meticulously to gather evidence that clearly illustrates the other party’s role in causing the accident.

3. Consult Medical and Accident Experts

Expert witnesses, including medical professionals and accident reconstruction specialists, can clarify the severity of your injuries and assess whether a helmet would have made a difference. Their insights can provide an objective basis for evaluating the impact of not wearing a helmet, particularly if your injuries were not head-related.

4. Work with an Experienced Personal Injury Attorney

Navigating a compensation claim without a helmet requires a strong legal advocate. At Paulozzi LPA, our attorneys understand Ohio’s comparative negligence laws and how to overcome potential challenges in claims involving helmet issues. We work closely with you to ensure your case is presented effectively, maximizing your potential for a fair settlement.

Types of Compensation You Can Pursue

In Ohio, motorcyclists injured in accidents caused by others’ negligence may seek various forms of compensation, including:

• Medical Expenses: Coverage for current and future medical treatments, including surgeries, medications, and rehabilitation.
• Lost Wages: Compensation for income lost if you’re unable to work due to your injuries.
• Pain and Suffering: Damages for physical pain, emotional distress, and diminished quality of life.
• Property Damage: Reimbursement for damage to your motorcycle and any personal property.

Even without a helmet, Ohio law entitles you to pursue these damages, although compensation for head injuries may be adjusted if you’re partially at fault.

Protecting Your Rights After a Motorcycle Accident

Ohio law gives adult motorcyclists the choice to ride without a helmet, but it’s essential to understand how that choice may impact your compensation. If you’ve been injured while riding without a helmet, understanding Ohio’s comparative negligence rule and knowing how to approach your case is essential. At Paulozzi LPA, we’re dedicated to helping Ohio motorcyclists secure the compensation they deserve, regardless of helmet use. Our experienced attorneys can navigate the unique challenges of helmet-related claims, ensuring your case is strong and your rights are protected. Contact Paulozzi LPA today for a free consultation to discuss your case and explore your options. Let us be your dedicated advocate on the path to justice and recovery, working to secure the maximum compensation you deserve!