Can I Recover Damages if I Wasn’t Wearing a Helmet in My Motorcycle Crash?

Posted on Aug 14, 2025 at 4:51pm

TRANSCRIPT:

In Kentucky, if you were injured in a motorcycle collision and you were not wearing a helmet, you can still recover damages. Kentucky has what’s called pure comparative fault, which means a jury’s going to assess responsibility for the injuries between you and the other driver. If you weren’t wearing a helmet, it’s possible that the jury could put some percentage of responsibility for the injuries on you, but that doesn’t mean you recover nothing. In Ohio, if you were not wearing a helmet and then injured in a motor vehicle collision, you can still recover damages for that injury. Ohio has a special law that says the lack of wearing a helmet cannot be introduced into court at all. Therefore, it never becomes a factor in who was responsible for the injuries.

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