Brain Injuries After a Motorcycle Crash: Your Rights, With or Without a Helmet
The sudden impact of a crash throws you from your motorcycle onto the pavement. You get up, dust yourself off, and tell everyone you’re fine. Three days later, you can’t remember your coworker’s name, struggle to follow simple conversations, and your family says you’re acting like a completely different person.
Brain injuries from motorcycle crashes often hide their devastating effects, and insurance companies will use every trick possible to deny your claim—especially if you weren’t wearing a helmet.
Ohio’s Motorcycle Helmet Laws
Ohio takes a limited approach to motorcycle helmet requirements. The law only mandates helmet use for riders under 18 years old and those operating with temporary permits or probationary licenses. Adult riders with valid motorcycle licenses can choose whether to wear a helmet.
This choice becomes legally significant after a crash. Insurance companies immediately investigate helmet use, hoping to establish that your decision not to wear protective gear contributed to your injuries. They’ll argue that any brain injury could have been prevented or reduced if you’d chosen to wear a helmet, attempting to shift blame away from their insured driver who caused the accident.
What Happens if You’re Injured in a Crash?
Brain injuries from motorcycle accidents often develop differently than other trauma injuries.
The sudden forces during a crash cause your brain to collide with the inside of your skull, creating damage that may not show immediate symptoms. You might feel completely normal at the accident scene, only to experience severe cognitive problems, memory loss, personality changes, or other neurological issues days or weeks later.
When brain injuries do surface, they often require extensive medical treatment including neurological evaluations, cognitive rehabilitation, occupational therapy, and long-term care. The costs can be staggering, which explains why insurance companies fight these claims so aggressively.
Don’t Let Insurance Companies Use Helmet Laws Against You
As a biker, your rights remain the same regardless of whether you choose to wear a helmet. If another driver’s negligence caused your crash, they’re responsible for your medical expenses, lost wages, pain and suffering, and future care needs. Insurance companies will try to use helmet laws against you, but don’t let them escape responsibility for their driver’s actions.
The Law Offices of Tim Misny can help you with your motorcycle brain injury claim. When another driver’s negligence changes your life forever, I’ll Make Them Pay!® Call my office at (877) 614-9524 so that I can evaluate your case right away.
