It’s no secret that riding a motorcycle can be considered a dangerous activity. According to the National Highway and Traffic Safety Administration, 4,985 motorcyclists died in 2018. The risk of injury or death is greater if a motorcyclist is not wearing a helmet.
Even if another driver is to blame for the accident, many motorcyclists worry that not wearing a helmet at the time of the crash could negatively affect their claim. It’s vital to know everything about motorcycle helmet laws in Florida when pursuing compensation for an accident. A motorcycle accident attorney can inform you of relevant rules and help protect your rights during this difficult time.
Do I Have to Wear a Motorcycle Helmet in Florida?
It’s relatively common to see bikers throughout Florida not wearing a helmet. Despite the dangers of not wearing a helmet, Florida does not require every rider to wear one. Florida Statute 316.211 says those over 21 do not have to wear a helmet when operating a motorcycle if their insurance covers at least $10,000 of injuries.
However, anyone under the age of 21 must wear a helmet, regardless of their insurance coverage.
Wearing a Helmet Could Help Your Health and Claim
Motorcyclists do not have as much protection as vehicle occupants do, so it’s vital to take every precaution to keep yourself safe on the road. This includes wearing a helmet. By wearing one, you decrease the chances of receiving a traumatic brain injury. You may be able to avoid being blamed for the severity of your injuries by the insurance company.
Your attorney may also be able to argue that your injuries could have been far worse had you not been wearing a helmet. This could focus more attention on the other driver’s actions that lead up to the crash, which may strengthen your claim.
Could Not Wearing a Motorcycle Helmet Harm My Case in Florida?
If you weren’t wearing a helmet and sustained injuries, the insurance company may argue that you are responsible for most of your injuries and try to reduce your compensation. Say your claim goes to court—the other driver’s attorney will most likely present evidence or bring in an expert on how helmets can significantly reduce the risk of head injuries. Their main argument will probably be that your injuries or wounds would not be as severe had you worn a helmet. This may lead to a court judgment that falls short of what you may have been able to receive had you been wearing a helmet.
Comparative Negligence May Apply
Florida is a comparative negligence state, meaning that if a plaintiff is partially at fault for the accident or their injuries, their compensation may be reduced by that percentage. For example, if a judge finds you 15% responsible, your claim of $10,000.00 would be reduced by $1,500.00.
Similarly, if you are younger than 21 and were injured from not wearing a helmet, a judge or jury could hold you accountable.
Motorcycle Accident Attorney in Florida Who Will Fight for You
After you receive treatment for your injuries, you should bring your motorcycle accident claim to Attorney Frank P. Marsalisi of Marsalisi Law. Whether you were wearing a helmet or not, Attorney Marsalisi believes that any person injured deserves the best possible legal representation. We think it’s important to build strong relationships with our clients. You’ll never feel like just another number among hundreds of clients.
As a proud member of the Tampa Bay Trial Lawyers Association, Attorney Marsalisi has consistently achieved favorable results for his clients. Call (727) 800-5052 or complete a contact form to schedule a free consultation today!
Marsalisi Law Is Where Law Gets Personal!