If you were injured in an Ohio motorcycle accident and were not wearing a helmet, you still have the right to file a personal injury claim.
Unfortunately, the fact that you were not wearing a helmet could reduce the amount of compensation you receive or prevent you from recovering any compensation at all.
For example, if you suffered head or neck injuries, the defense may claim that your injuries were caused by your reckless decision to not wear a helmet. The defense’s goal is to limit its liability and assign as much fault to you as possible.
Ohio’s comparative negligence law dictates that any damage award reflect your share of liability. This means that if a court determines you are 25 percent responsible for your injuries, your compensation award will be reduced by 25 percent.
For instance, if a court awards you $100,000 in compensation and you are 25 percent responsible, you will only receive $75,000.
Unfortunately, if the court determines you are 51 percent or more at fault for the accident, you cannot recover compensation.
This is why you should contact an Ohio motorcycle accident lawyer if you were involved in an accident and were not wearing a helmet. An experienced attorney can help limit the percentage of fault you are assigned for the accident, helping to increase your compensation award.
You need all the compensation you can get after a motorcycle crash, particularly if you were seriously injured. Severe injuries are much more likely if you were not wearing a helmet.
Were you injured in a motorcycle accident caused by another driver? You may be entitled to recover compensation for medical bills, pain and suffering, and lost wages. The motorcycle crash lawyers of O’Connor, Acciani & Levy will work with you to help ensure you receive all of the compensation you deserve