Omaha Motorcycle Helmet Laws
Under Omaha, Nebraska Law, the motorcyclist is always required to wear a helmet. There are no exceptions. The main ramification of not wearing a helmet is that a person could be cited, given a traffic ticket and perhaps go to court to deal with the citation. If they are involved in a collision and are injured, the jury is going to look at the fact that they did not have a helmet and will take that into consideration. The jury could rule against the motorcyclist.
If you have more questions about Omaha motorcycle helmet laws or in need of legal assistance, be sure to get in touch with a skilled and dedicated attorney. An Omaha motorcycle helmet lawyer may be able to provide you with the information you may be looking for.
Pros of Wearing a Helmet
In Omaha, each person on a motorcycle has to have a federally approved helmet. The helmet has to be approved by the state of Nebraska as well as federally. If a driver falls and hits their head a helmet provides some protection against striking the concrete or the ground. Without a helmet, there is a higher chance of severe injury.
Failure to wear a helmet makes a person’s case less valuable. The jury is going to look at the injury as a person’s fault for not wearing a helmet. Usually, the jury will take that into consideration and award fewer damages for the motorcyclist’s injuries. Get in touch the with the Inkelaar Law office for more information and help regarding this topic.
Contributory negligence refers to the situation in which a driver is deemed to be partially at fault for a collision due to their failure to exercise reasonable care while driving. If a person is not wearing a helmet, they are breaking Omaha motorcycle helmet laws and is taken into consideration. The law and juries may then consider that person contributorily negligent by not using a reasonable standard of care by failing to wear a helmet.
Factors that influence the course of a client’s case include what happened in the collision, whether the motorcyclist was speeding, whether the motorcyclist demonstrated any negligence, and the volume of the motorcycle since a louder motorcycle is easier to spot. There are a lot of different factors that our lawyers at Inkelaar Law may look at to see how the jury is going to view the collision.
Bikes Excluded from Strict Helmet Requirements
The requirement to wear a helmet is the same whether a person is on a Vespa or a large Harley-Davidson. It is more likely that a person in a motorcycle accident will survive and will sustain less severe injuries if the person wears a helmet. The same penalties apply, no matter the type of bike a person is riding. A person should make sure they are correctly following all Omaha motorcycle helmet laws to avoid injury and/or their injury claim being potentially devalued in the case of an accident.
Importance of Contacting an Omaha Motorcycle Accident Attorney
When filing a motorcycle injury claim, one of the main things that may come up in a claim is whether or not the person was wearing a helmet at the time of the collision. This is due in part to the fact that helmets are known to effectively protect against potential head injuries. If a person has injured their head and/or neck, and they were found to not be wearing a helmet, the claim could be negatively affected. This is why it is important to contact our capable attorneys at Inkelaar Law about Omaha motorcycle helmet laws before filing a claim for compensation.