Oklahoma City Personal Injury Lawyers

Edmond Motorcycle Helmet Laws

Riding a motorcycle is an extremely dangerous activity which could have devastating consequences. The fatality rate for motorcyclists in Oklahoma is six times higher than for those riding in traditional motor vehicles. Despite the heightened risk, most motorcycle riders in Oklahoma have no obligation to wear a helmet or any protective headgear. While certain laws dictate mandatory equipment on bikes themselves, Oklahoma law does not have laws mandating the use of helmets.

Even so, bikers should take all possible steps to protect themselves in case of a motorcycle accident. Although there are no Edmond motorcycle helmet laws, individuals should take steps to protect themselves from harm. To learn more, contact an experienced motorcycle accident lawyer.

Helmet Laws Regarding Minors

The state recognizes the right of all motorcyclists to take their safety into their own hands. As such, there is currently no state mandated law that requires adult riders to wear a helmet, whether they are a driver or a passenger.

The sole exception to the rule is for riders under the age of 18. Oklahoma Statute 47 §12-609(B)  states that no minor under the age of 18 should operate or ride a motorcycle unless they are properly wearing a crash helmet that complies with standards.

As a result, rider under the age of 18, who is involved in a motorcycle accident that resulted in a head injury may have difficulty collecting compensation if they are not wearing a helmet. If it is found that the minor was helmetless they would be in violation of state law. The defendant may argue that the rider did not take appropriate care to protect themselves and as such contributed to the exasperation of their own injuries. An experienced attorney could gather evidence and fight against claims of shared fault.

The Repeal Law

Laws in Edmond and throughout the country often grapple with the question of personal liberty vs. public safety. The constitutionality of motorcycle helmet laws has been central to this debate in Edmond.

A former state statute required all riders to wear a helmet, but the state legislature repealed the law in 1969. Part of the reason for repeal involved the state’s Attorney General offering an opinion that the law was unconstitutional. In 1968, Oklahoma Attorney General G.T. Blankenship argued that the requirement that motorcyclist helmet rule protected the rider from himself but had no relation to the protection of the public as a whole. As a result, Blankenship argued, the state had no constitutional basis for enacting the rule.

Consult with an Edmond Attorney Today About Motorcycle Helmet Laws

Even though there are no laws mandating the use of a helmet, refusing to wear the necessary safety gear may place a rider at great risk of harm. The sole exception is the requirement of any person who is under the age of 18 to wear a helmet. Failure to do so may limit an injured minor’s ability to collect compensation from a negligent defendant following a collision.

An attorney could still help individuals recover compensation even if they are partially at fault for the accident and their injuries. Speak to a skilled lawyer to learn more about Edmond motorcycle helmet laws and how it can affect your case. Call today.