Motorcycle helmet on top of bike.

Can Failure to Wear a Motorcycle Helmet Bar Recovery for Damages?

Riding a motorcycle can be quite dangerous. In fact, the likelihood of motorcyclists becoming injured in an accident is five times greater than that of an individual in a passenger vehicle; the likelihood of a fatality, 26 times greater. Additionally, motorcyclists who do not wear helmets are three times more likely to incur a head injury, such as traumatic brain injury (TBI) than those who do. 

That’s why the state of Ohio has made it mandatory under the law for the motorcyclist to wear a helmet if he or she is under the age of 18, is considered a novice (those with their motorcycle license for less than one year) or those driving with only a temporary permit. Additionally, any rider who is on the same bike as a driver who is required to wear a helmet under the law is also required to wear a helmet. Also required for protection are safety glasses, which, like the helmet, must meet the minimum standards according to the Ohio Director of Public Safety. 

If you do not follow state law and wear a helmet if you are required, you are guilty of committing a minor misdemeanor. But if you have violated the law in the past, the level of the misdemeanor will increase. 

Injuries Without Wearing A Helmet

As to whether or not failure to wear a motorcycle helmet will bar recovery for damages, it is dependent upon the laws of the state in which the accident occurs. In Ohio, a motorcyclist generally does not have a duty to wear a helmet if they are above the age of 18 and have the required license. Therefore in most cases, unless there is factual evidence to support a claim that the injuries a motorcyclist incurred would have been lessened or prevented by wearing a helmet, the failure to wear one will not hurt your recovery. 

As a comparative state, Ohio does not bar recovery, even if the injured plaintiff has in some way also been negligent.  

The Attorneys at Jones Kahan Law, LLC Can Help Those in Ohio Who Have Been Injured in a Motorcycle Accident

If you or a loved one has been injured in a motorcycle accident, it can greatly impact many parts of your life. The physical, emotional, and financial toll can be overwhelming. That’s why it is so important to consult with a knowledgeable and experienced Motorcycle Attorney who can help to gather the police reports, medical records, and the evidence necessary to prove your case. 

At Jones Kahan Law, LLC, our Cincinnati Personal Injury attorneys have a long history of dealing with motorcycle accidents and have helped our clients to recover the compensation that they deserve. We will fight for what is in your best interest. We don’t charge you any attorneys’ fees until we win your case. To learn more or to schedule a free consultation, contact us today