At Flickinger Legal Group, LLC we believe everyone is entitled to make their own decisions whether to wear a helmet or not while riding a motorcycle. However, with that being said, we would like you to be able to make a decision only after being fully informed of all the relevant facts. According to recent statistics, helmets are 36% or more effective in preventing a motorcycle death and 67% or more effective in preventing brain injuries. In Ohio, you do not legally need to wear a helmet as long as you are not a novice rider and are over the age of 18.
In the event that you injured while riding your motorcycle and are not wearing a helmet, you have the right to file a personal injury claim. What you might not know is that if you were not wearing a helmet that fact could reduce the amount of compensation you are able to receive and could even prevent you from recovering compensation all together.
You might be wondering how you can be denied compensation if the law does not require you to wear a helmet. The argument is that by not wearing a helmet you are assuming a great deal of risk and are personally responsible for your own injury. If there is competent evidence establishing a casual connection between the injured person’s failure to wear a helmet and the injuries they received, then that evidence may come before a jury. Ohio has a comparative negligence law which dictates that any damage award reflects your share of responsibility. What this means to you as a rider, is that if the defense is able to convince a court that a certain percentage of your injuries are your own fault that percentage would then be taken out of your compensation award. If you are found more than 50% at-fault for your injuries, you cannot recover compensation.
Even though you are not legally required to wear a helmet in Ohio, you should be aware of the consequences of your failure to do so. At Flickinger Legal Group, LLC we believe in freedom of choice. However, before you make that decision you should be aware of all legal ramifications from failure to wear a helmet. This is where Flickinger Legal Group, LLC comes in with over 35 years of experience practicing law and riding motorcycles; our law firm is equipped to handle your motorcycle accident case. If you have questions about your motorcycle accident case and would like to talk about your options, please come in for your free no obligation consultation. Flickinger Legal Group, LLC; where law and motorcycles meet.