You’re riding your motorcycle on a quiet Ohio backroad when another vehicle pulls into your path. You’re doing everything right—riding defensively, staying alert—but there’s only so much you can do to avoid a crash. If a crash happens, everything can change in an instant. Your bike is wrecked. You’re in the hospital. And now you’re facing a long recovery, medical bills, time off work, and the hassle of dealing with insurance.
But there’s another layer to this, one that may feel confusing and frustrating: Were you wearing a helmet at the time of the crash? And if you weren’t, how will that decision impact your injury claim?
Ohio motorcycle riders—especially those who’ve been hurt—often ask this question. Helmet laws in the state aren’t as straightforward as some might think, and while not wearing a helmet doesn’t automatically mean you’re at fault, it might complicate the claims process. Understanding your rights, your legal responsibilities, and how insurance companies might try to reduce what they owe is key to protecting yourself.
Ohio does not have a universal helmet law for all motorcycle riders. Instead, the law applies selectively – the following are required to wear a helmet:
If you’re 18 or older and have a full motorcycle license, Ohio law does not require you to wear a helmet. However, the law does require all motorcyclists—regardless of age or license status—to wear eye protection unless their motorcycle is equipped with a windshield.
In other words, depending on your age and license type, you may legally ride without a helmet. That doesn’t necessarily mean it’s a good idea, as helmets do afford good protection to help limit traumatic brain injuries in most crashes. Additionally, if you choose not to wear a helmet, that decision may complicate your injury claim if you’re in a crash.
The fact that Ohio doesn’t require all riders to wear a helmet doesn’t stop insurance companies from using the lack of a helmet against injured motorcyclists. Their goal is to reduce what they pay out, and one of the ways they try to do this is by arguing that not wearing a helmet made your injuries worse—even if the other driver was at fault for the accident.
However, the law in Ohio does not permit a reduction in your compensation unless the insurance company has its own expert willing to testify that your injuries would have been lessened by wearing a helmet. So while an insurance company may try to argue that your damages would have been less, that argument won’t carry the day unless the insurance company actually proves that claim through expert testimony. Of course, your attorney may try to present contrary evidence. Though that may not be possible in some cases.
Here’s how this scenario could play out:
Let’s say you were hit on your motorcycle by a car that ran a red light. You weren’t wearing a helmet at the time. If the insurance company argues that your lack of helmet use contributed to the severity of your head injuries, but they don’t hire an expert to support their contention, the judge will not allow that claim to be considered by the jury. But if they do present expert testimony that your injuries would have been lessened, the jury might reduce the compensation might otherwise have received.
If your total damages were $100,000, but a portion of this is for brain injury that was sustained due to not wearing a helmet, you might only recover $50,000.
So it’s worth noting that the type of injury you suffered plays a big role. If you have leg or back injuries, helmet use probably won’t factor into your claim at all. But if you suffered a traumatic brain injury or concussion, the insurance company will definitely try to argue that a helmet might have reduced the severity—even if you weren’t legally required to wear one.
Ohio doesn’t have a universal helmet law, so your decision to wear or not wear one might become a gray area when it comes to liability and compensation. That’s why it may be helpful to have a motorcycle accident attorney review your case.
An attorney can help:
Ohio law gives insurers room to argue their case, as long as they are willing to pay to hire the right experts to prove their claims. But this law doesn’t automatically strip you of your right to fair compensation. If you were hurt in a motorcycle crash, you still may be able to recover money for medical expenses, lost wages, bike repairs, pain and suffering, and possibly future care costs—even if you weren’t wearing a helmet.
No matter what the helmet situation was at the time of the crash, taking the proper steps in the days and weeks after your accident may help protect your claim.
Here are a few things you may want to consider:
One of the most important things you may want to do is talk with a lawyer who understands motorcycle injury claims. Having someone who knows how these cases work in Ohio—someone who understands how helmet use might be used against you—may help even the playing field.
Injuries from motorcycle crashes often go far beyond broken bones. Riders may face surgery, therapy, chronic pain, and emotional trauma. In some cases, they may not be able to return to work or continue in the same field. Depending on the circumstances, they may be able to pursue compensation for lost future earnings or apply for disability benefits.
However, claims involving long-term injuries might be especially complex. Insurance companies often push back harder when more money is at stake, and they may attempt to limit the amount of responsibility their policyholder bears.
Helmet use may become a bigger part of the conversation in these cases—especially if a brain injury or head trauma is involved. But again, the absence of a helmet doesn’t automatically disqualify you from compensation, especially if your crash was caused by someone else.
Motorcycle crashes are traumatic. They happen fast and leave lasting damage—physically, emotionally, and financially. Whether or not you were wearing a helmet, if another driver caused the crash, you still have a valid claim. Don’t let an insurance company make you feel otherwise.
What matters most is that your side of the story is heard and advocated effectively — and that your injuries and losses are taken seriously. You don’t have to go through this alone. Contact Arthur Law Firm right away at (419) 782-9881 for a free consultation to discuss your case.