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Can You Get Compensation If You Weren’t Wearing Proper Safety Gear?

If you are moving at a high speed, then safety gear is a necessity. For standard Vehicle drivers and passengers, this means wearing a seatbelt. Children should always be in car seats, and everyone should be buckled in with a safety restraint. However, motorcyclists have different safety gear, and bicyclists have even different safety gear. All of these people can be involved and traumatic accidents that can result in serious injuries, loss of limb, and even death.

However, many people realize it's far too late that they weren't doing everything possible to protect themselves. The result is the question of whether or not someone can access full compensation when they were wearing the appropriate safety here. If you weren't wearing the appropriate safety gear or a safety restraint, you might have a tough fight ahead of you to access any compensation. Call our Cincinnati personal injury attorneys for help making a decision.

Drivers and Safety Belts

Not wearing a seatbelt does violate an Ohio State traffic law. However, because of Ohio's modified comparative fault resolution system, if you were less than 51% responsible for the fault, you can still pursue compensation.

Generally speaking, simply not wearing a seatbelt will not push you over that 51% responsible for the crash. You should expect to receive some compensation, but maybe not full compensation, for injuries and damages when not wearing a seatbelt.

Children in Car Seats

When it comes to children not having the appropriate protection, you may be facing bigger issues than worrying about compensation. Ohio requires that children under the age of eight ride in an appropriate booster seat for their height and weight. Additionally, the state also requires that infants ride in car seats that are either convertible, forward-facing, or federally approved, and fit to the infant’s weight.

Children not having the appropriate safety gear often falls onto the driver of the and in terms of compensation, which could have a direct impact on the responsibility of injuries. For example, the other side of the case may claim that your child's injuries were only sustained because they weren't in a proper safety seat, and then those injuries fall to your responsibilities, which means you would not recover compensation.

Motorcyclists with Helmets, and Further Protection

In Ohio, the laws regarding motorcycle safety or stricter than most other states. If you're riding a motorcycle, then the law requires you to also wear safety glasses or protective eye gear, as well as the helmet. Both of those pieces of safety equipment must meet certain standards. However, there is some give in the slaw where someone over the age of 18 years and no longer determined as a novice can operate without a helmet.

This back and forth within the same law has created a bit of confusion, and some riders and genuinely don't know if they are actually required to wear protective gear. Of course, it's always best to wear a helmet, gloves, clothes, toed boots, and an appropriate jacket for the weather and road conditions. However, these things may not impact a motorcycle claim as much as not wearing safety gear can impact other claims.

The one exception with helmets that does come up in occasional crash cases is a bicyclist. Ohio does not have a rules requiring bicyclists, for any age, to wear a helmet. Some consider this a huge gap in safety law, but for others, they believe the CDC has taken enough action. The CDC has made it exceptionally clear that between the ages of 4 and 15, everyone should be wearing a helmet whenever they're riding a bike. After the age of 15, it really falls to the responsibility of the rider.

Protecting Yourself After an Accident with a Cincinnati

In Ohio, it is not impossible to obtain compensation, or at least partial compensation, after a crash where safety or protection was a present issue. However, you may need to work with medical experts, Financial experts, and your insurance provider to evaluate exactly how much compensation you should receive, and what you have access to. To start this battle, contact Young, Reverman, and Mazzei.

Working with some of Cincinnati's most experienced attorneys when it comes to car accidents, is a surefire way to ensure that your case is actually heard. Insurance companies pump out cases as though they were on a high-speed assembly line. They often don't look at the evidence, and don't give proper consideration to the damage is involved. Our attorneys work to ensure that your claim gets the proper attention it deserves, and the compensation you need to start your recovery.

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