Can I still file a motorcycle accident injury claim if I wasn’t wearing a helmet?
Even if you were not wearing a helmet at the time of the motorcycle crash, you are still legally entitled to file an injury claim to seek recovery after a motorcycle accident per Ohio Revised Code section 4511.53 That being said, the fact that you weren’t wearing a helmet may affect the outcome of your request.
Helmet Usage and Fault on an Injury Claim
The state of Ohio follows comparative negligence law. This rule says that you can still recover money after an accident, so long as you were less than 51 percent at fault for the crash.
If you were not wearing your helmet and sustained a head injury, it’s likely that one common challenge you will face after you file a motorcycle accident claim in Ohio is that the insurer will argue that you were partly at fault for your wounds. The fact that Ohio helmet laws don’t require that riders 18 and older to wear a helmet is irrelevant. The insurer or the other party’s attorney will say your behavior was reckless and try to apportion part of the fault to you to reduce their liability.
If they successfully assign you with fault because you weren’t wearing a helmet, the comparative negligence law provides that your settlement will reflect proportionally your degree of the blame. For instance ,if they successfully argue that you were 25 percent at fault, and your damages total $100,000, your settlement would be reduced to $75,000.
Getting the Settlement You Deserve
Motorcycle accident injuries tend to be severe and the damages substantial. You will want to consult an attorney to help you fight for the maximum amount of compensation possible.
Ensure you secure the funds you need.
- Future medical bills
- Loss of income
- Prescription medications
Your attorney can do these useful things for you.
- Gather evidence
- Negotiate with the insurers
- Prove the other party’s liability
For example, if you sustained injuries other than a head injury, and the insurer tries to pin you with fault for not wearing a helmet, your attorney will argue that a leg injury, for example, is unrelated to your choice not to wear a helmet.
Additionally, your lawyer can further benefit you case by presenting clear and significant evidence that proves the magnitude and extent of your injuries so that you can receive a full and fair settlement.
Consult a Motorcycle Accident Attorney at Bressman Law
Bressman Law represents bikers who choose to wear or not wear their helmets. Motorcycle accident attorney David Bressman can help you pursue the settlement that you and your family need. Call today at 866-777-6680 and schedule a complimentary consultation.