Motorcycle accidents are traumatic and can leave you with mounting medical bills and other expenses. While filing a claim can usually get you compensation, your compensation may be impacted by whether or not you were wearing a helmet when you crashed.
While you may still have a valid motorcycle accident case even if you were riding without a helmet, the outcome of your case will depend on the fault rules and helmet laws that apply, which vary by state. The experienced attorneys at Gervelis Law Firm are here to help you understand your options in a no-helmet motorcycle accident.
Can You Still File a Claim If You Weren't Wearing a Helmet?
If you were in a motorcycle accident without a helmet, you generally still have a case. Injured riders have the legal right to seek compensation from an at-fault party, and not wearing a helmet doesn’t automatically make you ineligible.
However, when an insurance company learns that you were not wearing a helmet, they may try to use that fact to avoid responsibility. As firm attorney David Michael Tschantz explains:
“The insurance company can use the fact that you didn't have a helmet, they can bring that up. That does not get them out of paying the economic damages, your lost wages, your medical bills, but they have the burden of proof in proving that. They need to put forward the evidence that that helmet had a cause in your injury and we hold them to that proof.”
Insurance companies have powerful attorneys to help them argue their side. A skilled motorcycle accident attorney can help you fight back and protect your rights.
What Are Ohio's Motorcycle Helmet Laws?
It is legal in Ohio for experienced adults to ride a motorcycle without a helmet. Ohio law requires helmet use for riders who either:
- Are under 18
- Have a Temporary Instruction Permit Identification Card, indicating learner status
- Have the “novice” designation on their motorcycle license, meaning they have held an active license for one year less
- Are passengers of operators who must wear helmets
While helmet laws may not directly impact your case, whether or not you wore a helmet could still be important. If not wearing a helmet contributed to the severity of your injuries, the other party may argue that your injuries were not caused by their actions. If they can prove this, it may affect your compensation.
What Is the Deadline for Filing a Claim?
Every state has a filing deadline, or statute of limitations, for personal injury claims. Ohio’s statute of limitations for most injury cases is two years and usually starts on the date of the accident.
Missing your filing deadline can mean permanently losing your ability to sue. For that reason, it’s essential to take action quickly to protect your rights.
How Not Wearing a Helmet Can Affect Your Case
While it is not illegal to ride a motorcycle without a helmet, your choice not to wear one can impact your claim.
States use one of two systems to determine fault in personal injury cases. Under contributory negligence laws, victims are prohibited from recovering compensation if they share any percentage of fault. In states like Ohio, with modified comparative negligence laws, you can still recover damages even if you share some responsibility for a crash.
Helmet use is more likely to impact your case if your own fault played a role in any of your head and neck injuries. For example, if you were riding without a helmet on a road with dangerous turns and curves, and a driver hit you, causing you to suffer a serious head injury, a court could find you partially responsible for your injury. If so, your compensation could be reduced by the percentage of fault assigned to you.
What If the Other Driver Was at Fault?
Although your fault can affect compensation, the other driver’s actions still matter in an injury claim. Ohio is an at-fault state, which means the at-fault driver is responsible for the costs of your injuries and other damages. You can recover compensation from the at-fault driver by filing a claim with their insurance company or by filing a lawsuit.
Ohio’s modified comparative negligence laws allow victims to recover damages if their percentage of fault is not more than the at-fault party’s fault. This means that if you’re involved in a no helmet motorcycle accident, you can still recover compensation, even if you’re partly responsible. However, the amount you receive will be reduced based on your percentage of fault. If you’re found to be more than 50% at fault, you won’t be able to recover any compensation at all.
How Can a Motorcycle Accident Lawyer Help?
If you plan to pursue compensation for your injuries, having a skilled motorcycle accident attorney can make all the difference. Our seasoned lawyers have the resources and knowledge to build a strong case on your behalf, starting with evidence of the other party’s fault.
Our dedicated attorneys will advocate for full and fair compensation on your behalf, handle communications with insurance companies so you don’t have to, and facilitate settlement negotiations. Our attorneys have successfully settled many motor vehicle crash cases, including a Youngstown motorcycle accident case that settled for $300,000.
We are committed to pursuing full compensation for your losses, including medical costs, lost wages, bike damage, and long-term care. We protect your interests during negotiations and, if you choose to file a lawsuit, we’ll aggressively defend your case in court.
Contact a Skilled Motorcycle Accident Lawyer at Gervelis Law Firm Today
Our legal team is here for you when you need it most. We provide aggressive, experienced, and effective legal representation to injury victims every day. Our client testimonials speak to our client-centric approach and dedication to fighting for your rights.
We know what evidence to look for, what questions to ask, and how to turn that information into a strong legal case. Don’t wait to pursue justice for your injuries. Call 866-792-2728 or contact us online to schedule your free consultation today.
