If you are confused about helmet laws and how they apply to your motorcycle accident claim, you are not alone. In Florida, riders who are 21 and over and carry at least $10,000 in insurance coverage to pay for medical expenses arising out of a motorcycle crash are not required by law to wear a helmet. However, that has nothing to do with your ability to recover compensation from the at-fault driver in your accident. An experienced Florida motorcycle accident attorney can explain how not wearing a helmet may or may not make a difference in your unique case.
Helmet Laws vs Comparative Negligence in Motorcycle Accident Claims
The fact that you are not required to wear a helmet will not shield you from the possibility of being held partly responsible for your injuries in a civil suit. Similarly, in states that do require helmet use, you can still recover compensation for your injuries, even if you weren’t wearing one.
Florida is a comparative negligence state. In personal injury lawsuits, the plaintiff’s recovery can be reduced by their percentage of fault for their injuries. So, even if you are found to be 99% to blame, you can still recover one percent, although it would probably not be worth pursuing.
How Does Comparative Negligence Affect Me in a Florida Motorcycle Accident Claim?
Helmets can reduce the severity of head and brain injuries in motorcycle accidents. They do not prevent injuries to other parts of the body, such as back injuries, broken bones or amputations. Not wearing a helmet will not reduce your compensation for injuries that are not affected by helmet use. Compensation for damages related to amputation, for instance, will not be affected.
Where you can run into problems are cases in which head and brain injuries play a big role. The defense will argue that you would not have suffered those injuries had you worn a helmet. Your attorney’s job is to prove that a helmet would not have prevented the injuries, at least not entirely. This process typically involves using medical experts and other types of experts. It is likely that your compensation will be reduced, and, in some cases, it could be reduced substantially.
If you have been seriously injured in a motorcycle accident, please search our directory for an experienced motorcycle accident attorney in your state.
