A board certified Civil Trial Lawyer with almost five decades of experience in Ohio Personal Injury Law.
Key Takeaways
- Ohio requires riders under 18, novices, and those with instructional permits to wear helmets.
- Regardless of whether the law requires you to wear a helmet, not wearing one can affect your claim.
- If your lack of a helmet contributed to your head or neck injury, you may qualify for reduced compensation.
While motorcycle helmets can reduce the risk of serious injury and death, not all states require operators and passengers to wear them .
The Ohio motorcycle helmet law applies to riders under a certain age and new riders. Knowing how this law works can help you avoid penalties and understand the potential impact on legal claims should you suffer an injury. If you’ve been injured in a motorcycle accident, Gervelis Law Firm can help you pursue the compensation you deserve.
Overview of Ohio’s Motorcycle Helmet Law
Ohio has a motorcycle helmet law, but it excludes most experienced adult riders. Under Ohio Revised Code § 4511.53, all minors, novices, and student riders must wear helmets while riding on a highway.
Who Is Required To Wear a Motorcycle Helmet in Ohio?
The motorcycle helmet law in Ohio applies if you:
- Are under age 18
- Have a temporary instruction permit identification card, or TIPIC
- Have an active “novice” designation, which all riders possess for the first year of licensure
- Are the passenger on a bike operated by a rider required by the law to wear a helmet
Ohio requires all operators and passengers to wear safety glasses or protective eye devices while riding . Eye protection and helmets, when required, must meet printed minimum standards.
Protective eye devices must be transparent and shatter-resistant or shatter-treated to prevent injury if they break. Helmets must meet the minimum federal performance standards, which aim to improve the quality of safety devices. Approved helmets should bear a Department of Transportation label bearing the “FMVSS No. 218 Certified” designation.
What Are the Penalties for Not Following the Law?
Violating Ohio’s motorcycle helmet law can have financial consequences. A first violation is a minor misdemeanor punishable by a fine of no more than $150 if you have no other traffic offenses . Violations that occur after one or two prior traffic offenses are fourth- and third-degree misdemeanors, respectively. The penalties for these are no more than $250 and $500.
Failure to wear a helmet can also affect the outcome of a motorcycle crash lawsuit, regardless of whether you were violating the law.
Does Not Wearing a Helmet Affect an Ohio Injury Claim?
Even if Ohio law does not require a helmet, riding without one may affect your ability to get compensation for accident-related injuries.
If you suffered a head injury and decide to seek compensation for your damages, the opposition might claim your failure to wear a helmet contributed to your injuries. Your recovery could depend on whether wearing a helmet could have prevented or mitigated your injuries.
You may still have a legal case if another party was primarily responsible for the accident. Ohio has a comparative negligence system that allows injured accident victims to recover compensation if they are not more than 50 percent at fault for an accident. However, their compensation will be reduced in proportion to their share of the fault.
For example, suppose you are found 20 percent at fault for your injuries for failing to wear a helmet, while the driver who hit you is 80 percent to blame. If your damages are $100,000, you could collect 80 percent, or $80,000.
Motorcycle Safety Tips and Best Practices
Wearing a helmet and eye protection isn’t only about avoiding penalties and protecting your rights to compensation. It’s also a safety measure that can reduce your risk of dying or suffering a severe head, spine, or neck injury in a crash.
What you wear on the rest of your body also matters. The Motorcycle Safety Foundation recommends wearing sturdy, full-coverage clothing, boots that cover your ankles, and gloves to protect your hands.
Brightly colored clothing and helmets improve visibility, as do reflective strips and decals. Consider wearing them on your clothing and bike.
Finally, pay attention to your surroundings and ride defensively. This advice means constantly scanning the road for changes in conditions, including obstacles and oncoming traffic.
Need Legal Help After a Motorcycle Accident in Ohio? Contact a Skilled Motorcycle Accident Lawyer at Gervelis Law Firm Today
If someone else is responsible for your motorcycle injuries, you deserve justice, regardless of whether you wore a helmet. Our firm is here to help with skilled motorcycle accident attorneys who provide aggressive, experienced, and effective representation. We have successfully represented injured riders just like you, such as when we settled a motorcycle accident case for $300,000, and we’re committed to being here when you need us most.
Let us protect your rights after your motorcycle accident. Call 330-533-6565 or contact us online today for a free consultation
