Motorcycle accidents can lead to life-changing injuries and complex legal challenges. At Obral Silk & Pal Personal Injury Lawyers, our team understands the risks motorcyclists face on the road and works aggressively to protect your rights. If you or a loved one was injured in a crash, a knowledgeable motorcycle accident lawyer can help you seek justice and financial recovery. Contact us at 216-529-9377 for a free consultation.
How Helmet Use Can Influence a Motorcycle Accident Claim in Ohio
Motorcyclists in Ohio face greater risks than drivers of passenger vehicles. With minimal protection in the event of a crash, riders are more likely to suffer serious or fatal injuries. One of the most important safety measures a motorcyclist can take is wearing a helmet. But if you’re involved in an accident, how does helmet use—or lack of it—affect your injury claim?
This question often comes up in personal injury cases involving motorcycles. The answer depends on several factors, including the type of injuries sustained, Ohio’s helmet laws, and how insurance companies interpret the situation. If you’ve been injured in a motorcycle accident in Wadsworth, understanding the role helmet use plays in your case is key to protecting your right to compensation.
Ohio Motorcycle Helmet Laws
Ohio law does not require all motorcyclists to wear a helmet. Instead, the state’s helmet law applies to:
- Riders and passengers under the age of 18
- Riders with a temporary motorcycle permit
- Passengers riding with someone who holds a temporary permit
Everyone else is legally allowed to ride without a helmet. However, just because it’s legal doesn’t mean it’s always safe. According to data from the National Highway Traffic Safety Administration, wearing a helmet can significantly reduce the risk of death or traumatic brain injury in a motorcycle crash.
That said, helmet use can still influence how an injury claim is handled—even if the law doesn’t require you to wear one.
How Not Wearing a Helmet Can Affect Your Claim
In general, if another driver caused your accident, you have the right to pursue a personal injury claim. But the success of your claim—and the amount of compensation you can receive—can be affected if you weren’t wearing a helmet at the time of the crash.
Here’s how this works in practice:
Type of Injury Matters
If your injuries involve your head or face, the insurance company may argue that those injuries were worsened or caused by your decision not to wear a helmet. Even if the accident wasn’t your fault, they may claim you were partially responsible for the severity of your injuries.
On the other hand, if your injuries have nothing to do with helmet protection—such as broken bones, internal injuries, or road rash—then helmet use is unlikely to affect your claim.
Comparative Negligence in Ohio
Ohio uses a modified comparative negligence system. Under this system, you can still recover compensation as long as you are not more than 50 percent at fault for your injuries. However, your compensation will be reduced by your percentage of fault.
If the other party’s legal team or insurance company can prove that your decision not to wear a helmet contributed to the severity of your injuries, they may argue that you should be assigned some of the blame. For example, if you are found to be 25 percent at fault due to not wearing a helmet, your compensation will be reduced by 25 percent.
Medical Evidence and Expert Opinions
In cases involving head trauma or facial injuries, medical experts may be brought in to determine whether a helmet could have reduced or prevented those injuries. Their opinions can influence how liability is assessed. If it’s shown that a helmet would have made little or no difference, it may work in your favor. If the evidence shows that your injuries were made worse because of the lack of a helmet, that can weaken your case.
Helmet Use and Insurance Company Tactics
Insurance companies are focused on minimizing payouts. If you weren’t wearing a helmet at the time of the crash, you can expect the insurer to use that fact to their advantage. They may attempt to deny the claim or significantly reduce the settlement offer, especially if you suffered head-related injuries.
It’s important not to speak to the insurance adjuster without legal advice. What may seem like a harmless comment about not wearing a helmet can be used later to argue that you were negligent. An attorney can help protect your rights and ensure that your statements aren’t used unfairly against you.
Legal Helmet Use Does Not Equal Legal Immunity
Even though Ohio law allows most adult riders to choose whether or not to wear a helmet, that choice doesn’t shield you from scrutiny in a personal injury claim. Insurance companies may still use it to question your judgment or shift blame.
However, just because you weren’t wearing a helmet doesn’t mean you’re automatically at fault or ineligible for compensation. If another driver caused the crash due to reckless behavior—such as speeding, distracted driving, or running a red light—they are still legally responsible for your injuries. The key is being able to clearly demonstrate that their actions caused the accident and that your injuries would have occurred regardless of helmet use.
Steps to Take After a Motorcycle Crash
Whether or not you were wearing a helmet, taking the right steps after a motorcycle accident can help protect your health and your claim:
- Call 911 and report the accident.
- Seek medical attention immediately, even if injuries don’t seem serious.
- Avoid discussing fault at the scene.
- Take photos of your injuries, the crash scene, and any damage to vehicles.
- Get witness information from anyone who saw what happened.
- Don’t speak to the other party’s insurer without legal guidance.
The aftermath of a motorcycle crash can be overwhelming. Getting help from a personal injury lawyer can make the claims process more manageable and improve your chances of receiving a fair settlement.
How a Motorcycle Accident Attorney Can Help
At Obral Silk & Pal Personal Injury Lawyers, we understand the unique challenges that come with motorcycle accident claims in Ohio. Whether you were wearing a helmet or not, we investigate the crash, collect evidence, and work to show how the other party’s negligence led to your injuries.
We know how insurers think and how they use helmet use to shift blame. Our legal team builds strong cases that focus on the facts and advocate for the maximum compensation possible under Ohio law.
You may be entitled to compensation for:
- Medical expenses
- Lost wages
- Future medical needs
- Pain and suffering
- Property damage
Each case is different, and outcomes depend on the evidence, the extent of injuries, and how fault is assigned. That’s why it’s important to get legal advice early in the process.
Work with a Skilled Motorcycle Accident Attorney in Wadsworth
Recovering from a motorcycle crash is never easy, but having the right legal guidance can ease the burden. A motorcycle accident attorney at Obral Silk & Pal Personal Injury Lawyers can help you understand your rights, deal with insurance adjusters, and fight for the compensation you deserve. Contact our office today at 216-529-9377 to book your free consultation and take the first step toward recovery.