In Ohio Bikers are reqired to wear helmets if they are under 18 or if they have been licensed for less than a year. However even bikers that are not required to wear helmets could have their money damages for injuries reduced if there is expert evidence admitted that had the motorcycle rider worn a helmet his injuries would have been lessened.
Ohio's highest court has not spoken on the issue. In order for the damages to be diminished the court would first have to determine that failure to wear a helmet could be considered contributory negligence. Then as stated above, an expert would have to render an opinion that had the helmet been worn the injureis would not have occured or been lessened .
Therefore a biker who sustains a head injury and is not wearing a helmet might be well advised advised to get a good motorcycle attorney who can challenge whether this evidence should be considered .
