Motorcycle accidents often lead to fatal injuries. One of the ways to prevent the severity of the injury is through observing safety measures and precautions like wearing a motorcycle helmet. However, what happens when you have been involved in an accident without a protective
helmet?

The state of Oklahoma is not a universal helmet state. By translation, you are not required by law to wear a helmet, whether as the rider or passenger. However, riders and/or passengers under the age of 18 must wear a helmet in Oklahoma when riding a motorcycle.

If you have been involved in a motorcycle accident and you weren’t wearing a helmet, you need
to know everything about the state’s helmet laws and how it affects your chances of winning
compensation.

What Are Oklahoma’s Helmet Laws?

Each state across the United States has enacted helmet laws with a view to protect residents,
especially motorcycle riders and passengers, from the consequences of a motorcycle accident.
In Oklahoma today, the helmet laws only require that minor riders and passengers under the age
of 18 wear a helmet while on a motorcycle. The law further requires that each motorcycle must
have two rear view mirrors, a windshield installed on the bike or protective eyewear which is to
be worn by the rider; a functional and adequate speedometer, a fender that covers each of the
motorcycle wheels; a noise suppression system or a muffle; as well as handlebars that are at or
below the eye level of the operator.

Riders and passengers who are under the age of 18 must also note that they are required to wear
a specific kind of helmet, one that complies with the standards established by federal law.

Why is A Helmet Necessary?

While the Oklahoma helmet law does not require everyone to wear a helmet, wearing one does
more good than harm to the rider and/or passenger.

Wearing a helmet has several safety benefits, especially as it reduces the impact of the accident on the head thus significantly reducing the chances of death or Traumatic Brain Injuries (TBI). Motorcycle accident statistics in 2017 as reported by GHSA revealed that nearly 5,000 motorcycle fatalities are recorded each year.

The National Highway Traffic Safety Association (NHTSA) also, in its report noted that bike
riders who wear a helmet stand a 37% higher chance of not being killed when involved in a
motorcycle accident. With both statistics, about 1,850 motorcycle riders could be saved from
ultimate death each year by wearing a helmet.

What happens when you’re involved in a motorcycle crash without a helmet on?

In Oklahoma, personal injury claims follow a modified comparative negligence law. This means
that the rider’s contribution to the accident and resultant injury can be calculated and deducted from the amount demanded or due in compensation.

Oklahoma is likewise a Fault State, meaning, you cannot recover damages for an accident and
resulting injury, if you are more than 50% responsible or hold more than 50% negligence in
causing the accident. In the event the accident victim is established to have a greater percentage of fault, the claim can be dismissed. Demanding compensation in a bike accident wherein the rider was not wearing a helmet can open up an avenue for insurance companies to argue. However, with the right Oklahoma motorcycle accident attorney, you stand a greater chance of getting a positive result.

Can Helmets prevent Fatal Injuries?

Yes, the use of a motorcycle helmet can reduce the risk of catastrophic and fatal injuries.
Motorcyclists should wear helmets for safety. Helmets protect the outer layer of a motorcyclist’s head and covers their eyes, nose, cheek bones, and other parts of the head. Motorcycle helmets reduce the risk of head injuries by 69% according to the United States Centers for Disease Control and Prevention.

Do Helmets protect from all Injuries?

Unfortunately no, motorcycle helmets do not protect or prevent motorcyclists from all head
injuries. Motorcyclists can and do still suffer serious injuries, while wearing a helmet, such as concussions, brain bleeding, and Traumatic Brain Injury (TBI).

It is imperative that motorcycle drivers operate with caution; however, no motorcyclists can
prevent the conduct of other drivers on the road. The use of safety equipment and defensive
driver can greatly reduce the risk of motorcycle accidents.

Can I still recover damages if I wasn’t wearing a helmet?
Yes, if the other party to your motorcycle accident was negligent or at-fault for your motorcycle accident, then you may be entitled to recover damages. Pursing compensation in your motorcycle accident can result in damages and compensation for lost income, medical bills, physical therapy expenses, pain and suffering, and other types of damages.

Contact Cannon & Associates: Oklahoma Fierce Advocates for Motorcycle Accident Victims

Insurance companies are in the business of making more money. The chances of winning your
motorcycle accident case on your own become lower in the face of their interest. At Cannon &Associates, we have the right attorneys who will help you to navigate the complex world of motorcycle accident claims.

Founder John Cannon has been recognized as a Super Lawyer and our entire team is dedicated to
Fierce Advocacy for every client we have the honor of representing. Contact Cannon &Associates by completing the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case evaluation.