Many motorcycle riders worry that not wearing a helmet during an accident automatically disqualifies them from receiving compensation. The truth is that it does not disqualify them from filing a claim. Ohio law allows claimants to recover compensation as long as they were 50% or less at fault for what happened.
They can still hold the other driver responsible for causing the accident. However, the lack of a helmet may affect the amount of compensation they can receive.
Ohio follows a modified comparative negligence system
“Comparative negligence” refers to a legal system where courts reduce compensation amounts based on how much fault each party shares for the accident and resulting injuries. For example, if the court finds you 30% at fault for your injuries, you may only receive 70% of the total damages.
If a motorcycle rider suffered from injuries such as traumatic brain injuries or skull fractures in an accident caused by another driver, Ohio courts may look at whether the lack of a helmet contributed to those injuries. This contribution may then become a factor that reduces their compensation.
Other factors that determine compensation amount
Courts examine multiple factors when calculating the final compensation amount in a claim. While this may vary case by case, the key factors usually include:
- Whether a helmet would have prevented the claimant’s specific injuries
- The type and location of injuries they sustained
- Medical evidence about helmet effectiveness for their particular accident
- The primary cause of the accident and who was at fault
Ohio courts weigh all these factors together rather than focusing solely on whether the motorcycle rider was wearing a helmet or not. This ensures that they award an amount based on the full circumstances of the incident.
Get clarity on your specific case
If you or a loved one were injured in a motorcycle accident without wearing a helmet, do not assume you cannot recover compensation. Consider seeking more information about your specific situation from a legal professional. They can help explain your rights and options under Ohio law.