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Can I Still Sue if I Wasn’t Wearing a Helmet in a Tulsa Motorcycle Accident?

— April 4, 2023

As long as you are above the age of 18, you do not need to wear a motorcycle helmet in Oklahoma.

Wearing a helmet while riding a motorcycle is obviously a smart decision. Motorcycle accidents tend to eject riders from their vehicles, sending them flying through the air. These flying bodies can impact other vehicles, the asphalt, utility poles, and concrete walls. If the head is the first part of the body that makes the impact, serious, life-altering or life-ending injuries may occur. But is it really mandatory to wear a helmet while riding a motorcycle in Oklahoma? Perhaps more importantly, can you still get help from lawyers and sue if you weren’t wearing one during an accident?

Police Unsure of Whether Motorcyclist Was Wearing Helmet in Fatal Tulsa Crash

Sometimes, it is not entirely clear whether motorcyclists were wearing helmets at the time of their crashes. In late November of 2022, it was reported that a motorcyclist had lost their life after colliding with a minivan in Tulsa. Like so many other fatal motorcycle accidents, the minivan driver was attempting a left-hand turn, ostensibly cutting off a following motorcyclist and giving them no time to react. The motorcyclist then impacted the driver’s side door and was ejected from their vehicle. When police arrived at the scene, they located a nearby helmet – but they were unable to tell whether the motorcyclist was actually wearing it at the time of the crash. The helmet might have been attached to the motorcycle but not in use. 

Oklahoma Does Not Require the Use of a Motorcycle Helmet for Most People

As long as you are above the age of 18, you do not need to wear a motorcycle helmet in Oklahoma. This is because the state has no motorcycle helmet laws for anyone above the age of 18. The only real requirement is that you wear goggles or some form of eye protection if your motorcycle lacks a windscreen. But what does this mean in a legal context when you’re suing for damages or filing a wrongful death lawsuit on behalf of a deceased family member?

Oklahoma’s Comparative Negligence System

Scales of Justice. Image via Flickr/user:mikecogh. (CCA-BY-2.0).

Oklahoma follows a comparative negligence system. This means that you can still sue even if you were partly responsible for your own injuries. But is not wearing a helmet really a sign of fault when the state government does not require you to wear a helmet? This question can be difficult to answer without help from qualified accident lawyers. The truth is that insurance companies and other defendants may attempt to reduce your settlement amount because of a failure to wear a helmet. 

Where Can I Find a Tulsa Motorcycle Accident Lawyer?

If you’ve been searching for a Tulsa motorcycle accident lawyer, there are many nearby professionals who can assist you. These Oklahoma motorcycle accident lawyers can guide you towards the best possible outcome, and you can discuss the specifics of your situation during an initial consultation. Negligent drivers should be held accountable, so book your consultation with qualified motorcycle accident lawyers today to get started. 


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If you have further questions about this article or legal concerns call 800-672-3103.

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