Riding without a Helmet: Legal Consequences and Insurance Implications for Motorcyclists

November 20, 2024

Motorcycle accidents can have serious consequences, especially when a rider isn’t wearing a helmet. The decision not to wear a helmet can not only impact your safety but also affect your legal case and insurance claim if you’re involved in an accident. Understanding the legal consequences and insurance implications is essential for any motorcyclist. Consulting with an experienced motorcycle accident lawyer in Cincinnati can help you navigate these complexities and protect your rights.

Legal Consequences of Riding Without a Helmet

In Ohio, the helmet law only applies to certain riders. All riders under the age of 18 and those with less than one year of motorcycle experience are required to wear helmets. Passengers riding with any of the aforementioned drivers are also required to wear helmets. However, even if you’re not legally required to wear a helmet, choosing to go without one can still affect your personal injury claim if you’re injured in an accident.

The defense may argue that your decision to not wear a helmet was an assumption of the risk that led to injuries. If you were not wearing a helmet and suffered a brain injury, the defense can argue that your decision was a major cause of the resulting injury. A motorcycle accident lawyer in Cincinnati can help minimize the impact of this argument and ensure you receive the compensation you deserve.

Can You Still Recover Compensation Without a Helmet?

Yes, you can still recover compensation for your injuries, even if you weren’t wearing a helmet. However, the amount you’re awarded may be reduced if a jury determines that not wearing a helmet contributed to the severity of your injuries. Your motorcycle accident lawyer in Cincinnati will work to prove that the other driver’s negligence was the primary cause of the accident and resulting damages regardless of whether you were wearing a helmet.

Insurance Implications of Riding Without a Helmet

When it comes to insurance claims, riding without a helmet can have significant implications. Like the defense attorneys they hire, insurance companies and their adjusters may attempt to use your decision against you to reduce or deny your claim even if you weren’t legally required to wear a helmet. Here’s what to expect:

Insurance Adjusters May Offer a Reduced Amount for Your Claim

Insurance companies are always looking for ways to reduce the amount they have to pay on a claim. If you weren’t wearing a helmet during the accident, the insurance adjuster may argue that your injuries were preventable or less severe had you been wearing one. This could result in a lower settlement offer. A motorcycle accident lawyer in Cincinnati can negotiate on your behalf to ensure that the insurance company doesn’t unfairly reduce your compensation.

Medical Expenses and Helmet Laws

If you weren’t wearing a helmet and sustained head or neck injuries in the accident, your medical bills could be higher than they would have been otherwise. Insurance companies may try to use this fact to dispute the amount of your claim. An experienced lawyer will gather medical evidence to show that your injuries were a direct result of the accident regardless of whether you were wearing a helmet.

How The Richards Firm, a Motorcycle Accident Lawyer in Cincinnati, Can Help

Dealing with the aftermath of a motorcycle accident can be overwhelming even when you are wearing a helmet. The Richards Firm, a skilled motorcycle accident lawyer in Cincinnati, can help you navigate the legal and insurance challenges that may arise. Here’s how The Richards Firm can assist:

Proving Liability: Your attorney will gather evidence, such as police reports, witness statements, and accident reconstruction, to prove that the other driver was at fault for the accident.
Minimizing Defenses: If the defense argues that your lack of a helmet contributed to your injuries, your attorney will work to minimize the effects of that argument and ensuring that you can still fully recover.
Negotiating with Insurance Companies: The Richards Firm will handle all negotiations with the insurance company to ensure you receive a fair settlement that reflects the full extent of your injuries and damages.