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Riding a motorcycle is both practical and a hobby, but it comes with its own set of risks. Unfortunately, even the most experienced riders can be involved in accidents. If you were riding your motorcycle without a helmet and got into a crash in Dayton, OH, you may be wondering if you could still file a motorcycle accident claim for compensation.
While not wearing a helmet can affect your case, it does not necessarily mean that you cannot recover damages. In this article, we will discuss Ohio laws concerning helmet use and how they relate to filing a motorcycle accident claim.
We will also provide valuable insights on why hiring an experienced Dayton motorcycle accident lawyer is essential to winning your case and obtaining the compensation that you deserve!
Understanding Ohio Laws Concerning Helmet Use
Ohio laws concerning helmet use are designed to protect motorcyclists from serious injury or death in the event of an accident. In Ohio, all riders under 18 years old must wear a helmet while riding on any public road or highway. For those over 18, wearing a helmet is not mandatory, but it is highly recommended.
Even though the law does not require adult riders to wear helmets, failing to do so can have consequences if you get into an accident. Not wearing a helmet can be used against you in court as evidence of your negligence and may limit your ability to recover damages.
It’s important to note that even if you were not wearing a helmet at the time of the accident, you may still be able to file a motorcycle accident claim. However, it’s crucial that you seek legal advice from a Dayton motorcycle accident lawyer who understands Ohio laws and how they relate to your case.
In summary, although Ohio does not mandate adult riders to wear helmets while riding motorcycles on public roads or highways; neglecting this could impact their chances of obtaining compensation after an incident happens.
Not Wearing a Helmet Will Make You Partly at Fault for Your Accident
Not wearing a helmet while riding a motorcycle can increase your chances of getting seriously injured in an accident. Ohio laws require all motorcyclists to wear helmets, and failure to do so can lead to serious legal consequences.
In the unfortunate event that you are involved in a motorcycle accident and were not wearing a helmet, it is important to understand that you may be partly at fault for your injuries. This means that if you file a claim for damages from the other party involved in the accident, their insurance company will try to prove that your lack of helmet use contributed significantly to the severity of your injuries.
However, this does not mean that you cannot recover any damages at all. Ohio follows comparative negligence rules which means even if you were partially responsible for causing or exacerbating your injuries by not wearing a helmet, you are still entitled to receive compensation from the other party’s insurance company proportionate to their degree of fault.
It is important to note that each case is unique and requires careful analysis by an experienced Dayton motorcycle accident lawyer who can help determine how much fault lies with each party involved in the collision. It is always best practice as well as legally required to wear proper safety gear like helmets when operating motorcycles on roads.
Ohio Is a Comparative Negligence State, So You Can Still Recover Damages
Ohio follows a comparative negligence rule, which means that even if you were not wearing a helmet at the time of your accident, you may still be able to recover damages. Comparative negligence is a legal principle that allows both parties involved in an accident to share the fault and financial responsibility for the resulting damages.
Under Ohio’s comparative negligence law, each party’s percentage of fault will be determined based on their actions leading up to the accident. If it is found that you were partly responsible for your injuries by not wearing a helmet when one was required by law or common sense safety practices, then any compensation awarded to you may be reduced accordingly.
The good news is that just because you might bear some responsibility for your injuries doesn’t mean that you are completely barred from seeking compensation altogether. Depending on the circumstances of your case, an experienced Dayton motorcycle accident lawyer can help argue against claims made by insurance companies and other parties involved in your case.
If successful, this could result in significant compensation being awarded in order to cover medical expenses, lost wages and other costs associated with recovering from your injuries sustained during the motorcycle accident.
The Driver’s Insurance Company Will Try to Put the Blame on You
After a motorcycle accident, the driver’s insurance company will likely try to minimize their client’s liability by placing some of the blame on you. They may argue that by not wearing a helmet, you contributed to the severity of your injuries or that you were driving recklessly.
It is important not to let these tactics intimidate you. Remember, Ohio is a comparative negligence state, which means that even if you are partially at fault for an accident, you can still recover damages from other parties who share responsibility.
However, navigating the complex legal landscape surrounding personal injury claims can be challenging without experienced legal counsel. An experienced Dayton motorcycle accident lawyer can help protect your rights and advocate for fair compensation on your behalf.
By working with a skilled attorney, you can build a strong case and counter any attempts by insurance companies or other parties to shift blame onto you. Don’t let anyone take advantage of your vulnerable position after an accident – seek out professional support today.
Talk to an Experienced Dayton Motorcycle Accident Lawyer!
If you or a loved one has been involved in a motorcycle accident in Ohio, it is vital to seek legal advice from an experienced Dayton motorcycle accident lawyer. The laws surrounding helmet use and comparative negligence can be complex, and insurance companies will do everything they can to reduce the amount of compensation you receive.
At Young, Reverman & Mazzei, we have years of experience helping clients navigate the complexities of motorcycle accident claims in Ohio. Our knowledgeable attorneys will work tirelessly to build your case and ensure that you receive the maximum amount of compensation for your injuries.
Don’t let insurance companies take advantage of your situation – contact us today for a free consultation with one of our skilled lawyers. We are here to help you get back on your feet after a devastating accident.
