Understanding local motorcycle helmet laws is essential if you use a motorcycle in Eugene, OR. If you know and follow the rules, you reduce your risk of accidents, although you must also contend with other motorists on the road.
Whether you use your motorcycle to commute to work or you are a weekend rider, obeying the law insulates you from penalties. It also helps your motorcycle injury attorney preserve your right to compensation if you are ever in an accident and need to bring a compensation claim.
Motorcycle Helmets Can Prevent or Reduce Some Crash Injuries
When a motorcycle gets into a crash with a car or truck, the biker is completely unprotected. If you are on a motorcycle and your head hits the other vehicle or the pavement, you could suffer a catastrophic injury like a TBI. As attorneys who represent Eugene motorcycle riders, we always advise clients to follow the law and wear a helmet whenever they ride.
Motorcycle helmets reduce the incidence and severity of head injuries. Numerous studies have reached that conclusion, including a recent study comparing outcomes in two states, one with a universal helmet law and one without. Most states have laws requiring helmets for at least some riders, and Oregon is one of a few states with a universal helmet law.
Oregon’s Helmet Laws
Oregon Revised Statute § 814.269 requires all motorcycle operators to wear a helmet, regardless of age or experience. According to ORS § 814.275, passengers must also wear helmets. The helmet must be DOT certified and have a chin strap, which must be fastened while you are riding. Failing to obey the helmet law is a Class D traffic violation that could mean a fine of up to $250.
How Can Helmet Use Impact an Injury Case?
Whether you wear a helmet does not impact the assessment of who is at fault for the accident. If there is evidence showing that the conduct of another driver, vehicle manufacturer, unit of government, or some other party was the primary cause of the motorcycle accident, our attorneys can bring in evidence to prove them liable.
ORS § 31.600 makes each party responsible for their conduct in an accident. You can collect damages if you were no more than 50 percent responsible for the crash, but the amount you collect is adjusted to reflect your degree of fault for the incident.
If you do not wear a proper helmet, you may be entitled to less compensation if you get into an accident and bring a personal injury case. If your injuries are to your legs or torso, helmet use will be irrelevant. However, if you have head injuries, the responsible parties could argue that you might have prevented the injury or reduced its severity by wearing a helmet.
